Wind Power Ethics Group asking for residents’ aid in lawsuit

CAPE VINCENT, N.Y. — The Wind Power Ethics Group began gathering public comments Sunday regarding its Article 78 lawsuit filed against both the town Planning Board and Acciona Wind Energy USA in an effort to gain momentum against its defendants.

Jefferson’s Leaning Left and Pandora’s Box of Rocks, two local blogs apparently against wind development in the town, featured a message from WPEG entitled, “The Pen is Mightier than the Sword.”

Directly naming Acciona Project Manager Tim Q. Conboy, Planning Board Chairman Richard J. Edsall, former supervisor Thomas K. Reinbeck and Planning Board attorney Todd M. Mathes, the message reads, “If anyone has knowledge about any unreasonable, unfair or devious actions of the Cape Vincent Planning Board, the wind developer Acciona or their attorneys, please let us know.

John L. Byrne, the organization’s president, said WPEG has had an “overwhelming response” from town residents. Included with the group’s message are affidavits from various town officials, along with their testimonies regarding the lawsuit.

“We’ve received, I would say 20 to 30 e-mails so far that have come in with solid holes in their response,” he said. “The citizens are actually participating in the lawsuit now, which is a really interesting thing.”

But not all Cape Vincent town residents say they are in favor of the plaintiff, WPEG, or its claim, “The residents are suing the town in Cape Vincent,” as read in the subject line of an e-mail sent to Newzjunky.com from Byrne.

“They would like to believe that, but that’s not true,” Darrell E. Burton, Jr., a member of Voters for Wind said. “You know, there’s been an awful lot of lies and that’s not how you win a case. You win a case by proving what’s been going on.”

Burton, referring to WPEG’s allegations that the Planning Board breached the State Environmental Quality Review Act, which played into the Article 78 lawsuit filed Oct. 27, 2010, believes the anti-wind group’s concern with sound is over-exaggerated.

“These noise, sound tests that they’ve done, they’re so far off,” Burton said. “They don’t really give you the true picture, they choose when they do them. If they do it out in the farmer’s field and the farmer happens to drive his tractor, which makes an extreme amount a noise, they eliminate that.”

He continued, “I live right on the Lake Ontario shore and you should have been here last night to hear the noise from the waves and the ice bouncing on the shore. It doesn’t bother me at all.”

Last week Supervisor Urban C. Hirschey was criticized by town citizens for allegedly sharing confidential documents regarding the sound study with WPEG, labeled as “Soundgate” by wind development critics.

Byrne, however, believes the ambient sound study, conducted by Hessler Associates Inc., Haymarket, Va., is a critical piece of information to town residents and should be publicly available.

“The information very, clearly shows that the sound study by the developer, which was accepted by our planning board, was flawed.”

If you know something about the actions of Cape Vincent'sconflicted officials and there accomplices, we need your help!

If anyone has knowledge about any unreasonable, unfair or devious actions of the CapeVincent Planning Board, the wind developer Acciona or their attorneys, pleaselet us know.If you are concerned, frustrated or angry about the actions of our conflicted officials youcan help support justice by reviewing the affidavits of Mathes, Edsall, Rienbeck, Accionaand Conboy If you find any statements made in their affidavits that you know to be false, or if youhave information that can refute any statements they make, pleaselet us know.

Send any information you may have that can help us in our legal battle to:

WPEG email address
cvny1@me.com

Your name will be kept confidential. If you include your phone number, we will followup with a personal contact. Thank you for your help and assistance, all your efforts are greatly appreciated. WPEG's legal team

Majority of Monroe County legislators oppose state's wind farm plan

The New York Power Authority continues to consider proposals to build offshore wind turbines, but a majority of Monroe County legislators have now gone on record opposing the idea.

The Power Authority, an independent arm of state government, solicited proposals in 2009 from the private sector to build one or more wind farms in the near-shore waters of Lake Ontario or Lake Erie. Five proposals were submitted last June, and authority officials have been studying them since then. Officials have refused to reveal any information about the proposals.

Authority spokeswoman Connie Cullen said Tuesday that officials were on track to select one or more developers by the end of the first quarter, or March 31. The authority, which would purchase power generated by the wind turbines, is pushing the project as a source of renewable energy and green jobs.

A Voice of the Voter poll conducted in the fall found that 68 percent of the likely Monroe County voters surveyed supported allowing wind turbines offshore in Lake Ontario, 17 percent were opposed and 15 percent were undecided.

But opposition has surfaced in a number of shoreline communities, with county lawmakers in Wayne, Oswego, Jefferson and Chautauqua counties coming out against the idea.

Monroe County Legislator Rick Antelli, R-Greece, circulated a non-binding resolution among Monroe lawmakers in July, but drew only 12 signatures — three fewer than would constitute a majority of the 29-member body.

But Antelli said Tuesday that he resubmitted the resolution to his colleagues around Thanksgiving, and got four more signatures. All 16 Republicans have now signed, though none of the 13 Democrats joined them.

"There is a majority now. The Power Authority always said they're not going to go where they're not wanted," said Antelli, noting that town boards in Greece, Irondequoit and Webster also have expressed opposition. "At least in Monroe County, we're sending a message. So we'll see."

Power Authority spokeswoman Cullen said, "NYPA is always interested in receiving comment on the project, and will consider it as we do all public comment."

News of the four new signatories on Antelli's resolution first began making the rounds Tuesday, buoying offshore wind opponents.

"I believe it is clear that there is strong resistance ... around lakes Ontario and Erie, a message NYPA must consider," said Suzanne Albright, a Greece resident and a leader of Great Lakes Wind Truth, a citizens group that questions offshore turbines. "At a time when New York state is in serious debt, why would NYPA even be considering such a wasteful, expensive idea?"

green energy blues vindkraftverk

Wind Turbine Fire

Wind Committee Tables Vote On Turbine Setbacks

HAMMOND - Despite adopting a recommendation to the town board on acceptable sound levels for industrial wind turbine development, a suggested recommendation - tabled for next week on setback distances - may end the possibilities for a wind farm in Hammond altogether, according to members of the wind committee.

The committee voted 9 to 1, with leaseholder Michele W. McQueer again casting the lone opposing vote, to adopt Dr. Paul D. Schomer's suggested sound limits for its recommendation to the town board.

The backbone of Dr. Schomer's suggested noise standards includes three separate limits for different times of the day and night. According to the recommendation documents provided by the committee, these limits include: 45 decibels (dB) in the daytime from 7 a.m. to 7 p.m.; 40 dB in the evening from 7 to 10 p.m.; and 35 dB during nighttime hours from 10 p.m. to 7 a.m.

However, it was during a discussion on setbacks that several committee members, including Don A. Ceresoli Jr., Richard K. Champney, and Leonard D. Bickelhaupt, suggested that the committee's recommendation may be to suggest that industrial wind development is just not right for Hammond.

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Wind foes thwarted townwide noise study

CAPE VINCENT — In an ironic turn of events, Planning Board Chairman Richard J. Edsall disclosed Wednesday that it was the opponents of wind development — who forced the board to adjourn its November meeting prematurely owing to vocal and physical protests— who killed the new townwide sound study they have been fighting for.

At an unusually calm Planning Board meeting Wednesday, Mr. Edsall said he had persuaded board members, at town Supervisor Urban C. Hirschey's request, to pass a resolution at the Nov. 10 board meeting to hire an independent, third-party consultant to collect sound data on the ambient noise around town.

"When I went to the meeting that night, I was fairly certain that I had four votes to vote for a sound study as long it was done in the next 45 days," Mr. Edsall said. "That was the night the public didn't allow us to have our meeting. So we never got to bring that up."

Mr. Edsall said that he met with Mr. Hirschey, who made some "convincing arguments," several days before the meeting and that he called every board member to persuade them to approve the study.

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Dollars and Sense

Abandoned Big Island Project

Two years ago, the State (DBEDT) estimated that the interisland cable would cost taxpayers and/or ratepayers $1,000,000,000 (one BILLION dollars.) Castle & Cooke and First Wind have estimated that their components of this project would cost from $750,000,000 to $1,000,000,000 ON EACH ISLAND. Today, some estimate the costs to be double that original estimate.

The total costs for this project, estimated two years ago before a single shovel touched a piece of Hawaiian soil, equals $2,300 for EVERY HAWAII RESIDENT.

Assuming an average cost of $40,000 for installing photovoltaic panels on the average Hawaii house, $3 billion dollars could cover 75,000 homes (about 1/5 of Oahu’s total) thereby saving about 400,000 barrels of imported oil every year. Or, every household on Oahu (400,000) could have solar hot water, saving about 525,000 barrels of imported oil every year.

Using the publicly announced figures for the recently approved Kahuku wind farm, were Castle & Cooke to build all 400 MW of wind-generated power, David Murdock’s privately held, California-based company’s annual revenue — for selling the wind — would exceed $250 million dollars.

More Conflict In Hartsville

Board Member Seeks to Dump Town Attorney

Hartsville - At Wednesday night's Hartsville Town Board re-organizational meeting, board member Michelle Herrnacker pushed for hiring a new town attorney. Mrs. Herrnacker is looking to replace David Pullen of Fillmore, who is currently Hartsville’s official town lawyer.

The group that wanted a wind farm in Hartsville were present at Wednesday night's meeting in full force, arguing that David Pullen’s legal bills are too expensive. The group that was more skeptical of the proposed (former) wind project were also there at last night's meeting, arguing that Hartsville’s legal bills are caused by the a faction of town residents who filed lawsuits that wasted taxpayer money.

This is not the first time that Mrs. Herrnacker and David Pullen have clashed. Attorney Pullen defended the Town of Hartsville in a case two years ago when Michelle Herrnacker, along with fellow town board member Benjamin Ray, and Hartsville residents John and Carol Bowles, sued the Town of Hartsville. At that time, Pullen defended the Town of Hartsville against the two board members and two town residents, and Pullen won the case, which was heard by Judge Peter Bradstreet.

Mrs. Herrnacker and her husband Phil are scheduled to appear in court next week in the Village of Bath. The Herrnacker’s are accused of $62,000 worth of welfare fraud.

Wind power projects losing steam on Cape

Last year could be considered a banner one for wind power in Massachusetts.

After a decade in the regulatory pipeline, the 130-turbine Cape Wind project received federal approval. And Gov. Deval Patrick’s re-election puts his goal of 2,000 megawatts of wind power by 2020 back on track.

But it was not so cheery a year for Cape wind power proponents, though the region’s substantial wind resources are considered key to the state’s goals.

Municipal wind turbine proposals in Harwich and Wellfleet were defeated by town votes. The Old King's Highway Historic District Commission struck down a wind turbine at Cape Cod Community College in West Barnstable and a private turbine at Aquacultural Research Corp. in Dennis, though the latter project is under appeal. Most recently, the Cape Cod National Seashore withdrew its wind turbine proposal for Highland Arts Center in Truro.

Add in earlier defeats of turbines in Eastham and Orleans, and the future of land-based wind turbines here doesn't seem so rosy.

Last year, anti-wind forces became more organized, gaining political traction by questioning aesthetics and the health impacts of turbine noise and shadow flicker. They used the term "industrial wind power" to contrast turbines with the rural values they believe many Cape residents cherish.

Even the most adamant proponents for land-based wind turbines see an about-face.

"I'm not sure how realistic it is to see significant deployment on the Cape," Charles McLaughlin, president of Cape and Vineyard Electric Cooperative, said.

The cooperative, established by the Cape Light Compact in 2006, hoped to fund a network of wind turbines in Cape towns to share the benefits and costs of wind power. But in three years, it has yet to erect a single turbine, and after losing money in Harwich, it is changing its financing rules for towns. Only Brewster, which proposes two large turbines on town-owned land with co-op money, has a project under consideration.

Now, the co-op is focused on what McLaughlin said is currently the largest solar power project in the East: 25 megawatts of photovoltaic cells to be located in town landfills.

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Maine Supreme Court to Hear Arguments on Industrial Wind

Friends of Maine's Mountains Attorney to Argue Public Hearing Process

Wilton, ME - Friends of Maine's Mountains (FMM), the leading group dedicated to protecting Maine's mountain regions from threats to their natural and human environments, including the rampant proliferation of industrial wind turbines on hundreds of miles of ridgelines, announces two oral arguments to be heard before the Maine Supreme Court on Tuesday, January 11 at the Court House in Portland. FMM attorney Rufus Brown of Brown and Burke will argue on behalf of Concerned Citizens to Save Roxbury Pond and Martha Powers Trust according to the following schedule:

January 11, 2011, at Portland: 2:15 PM

BEP-10-206 Concerned Citizens to Save Roxbury Pond et al. v. Board of Environmental Protection

Attorneys: Rufus E. Brown and Gerald D. Reid, Margaret A. Bensinger, Juliet T. Browne, Gordon R. Smith

On appeal by Concerned Citizens to Save Roxbury Pond et al.

Concerned Citizens to Save Roxbury, the Silver Lake Camp Owners Association, and several individuals (collectively CCSR) appeal, pursuant to 38 M.R.S. § 346(4) (2009), from a decision of the Board of Environmental Protection that approved the issuance of permits to Record Hill Wind, LLC, to construct a wind energy facility in the Town of Roxbury. CCSR argues that the Board erred in: (1) denying a request to hold a public hearing, (2) denying a request to supplement the record, (3) finding that Record Hill made adequate provisions to prevent adverse health effects from noise, (4) finding that Record Hill demonstrated financial capacity to fund the project, and (5) finding that Record Hill met licensing requirements with respect to decommissioning the project.

January 11, 2011, at Portland: 3:00 PM

BEP-10-339 Martha A. Powers Trust et al. v. Board of Environmental Protection

Attorneys: Rufus E. Brown and Margaret A. Bensinger, Gerald D. Reid, Juliet T. Browne, Gordon R. Smith

On appeal by the Martha A. Powers Trust et al.

The Martha A. Powers Trust and Brian Raynes (collectively Trust) appeal, pursuant to 38 M.R.S. § 346(4) (2009), from a decision of the Board of Environmental Protection that approved the issuance of permits to Evergreen Wind Power II, LLC, to construct a wind energy facility in the Town of Oakfield. The Trust argues that the Board erred in: (1) denying a request to hold a public hearing; (2) finding that Evergreen made adequate provisions for the control of noise from the proposed facility, (3) finding that Evergreen demonstrated financial capacity for the proposed facility, and (4) finding that Evergreen met licensing requirements with respect to decommissioning the proposed facility.

Friends of Maine's Mountains is a research and educational organization whose mission is to research, formulate and promote effective and reliable energy and power solutions that will protect Maine's natural resources, especially Maine's mountains, as well as Maine's industries and private property owners, while also ensuring that those solutions have a positive environmental and economic impact for Maine people and businesses.

Cuomo faulted over ag post

CAPE VINCENT — Some opponents of commercial wind farms believe Gov. Andrew M. Cuomo spurned his ethical-government campaign promises in appointing Darrel J. Aubertine to the state's top agriculture post.

Mr. Aubertine's nomination as commissioner of the Department of Agriculture and Markets was announced Thursday.

Then-Assemblyman Aubertine raised a stir among wind-power opponents in June 2006, when he wrote to the Cape Vincent Town Council urging council members who had agreements with wind power companies to vote on a law that created townwide setbacks for turbines. The law would regulate all projects, both present and future.

"After careful reflection, I feel that it is ethically proper that, in this case, all board members should vote on the issue at hand. In fact, I believe it is their responsibility to do so," Mr. Aubertine wrote.

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Wind farms don't work in the cold: Why it's no use waiting for turbines to keep us warm as the snow returns

Britain’s wind farms almost ground to a halt during the coldest spells in December, it has emerged.

As temperatures plunged below zero and demand for electricity soared, figures reveal that most of the country’s 3,000 wind turbines were virtually still, energy experts say.

During some of the chilliest weather, they were working at less than one-hundredth of capacity, producing electricity for fewer than 30,000 homes.

The National Grid was forced to compensate for the still, cold conditions by cranking up conventional coal and gas-fired power stations.

December was the coldest month in more than a century – and yesterday, as some in northern England, the Midlands and Wales were hit with more snow, residents will have been switching on the heating again. But critics have warned that the UK is becoming too dependent on wind for power.

There are 3,153 working turbines in 283 wind farms across the UK, capable of generating more than 5.2 gigawatts of electricity – enough to power almost three million homes, the wind industry says.

Over the next decade, another 10,000 turbines will go up to meet Europe’s climate change targets. By 2020, the Government says 30 per cent of all Britain’s electricity will be generated by wind.

But at best, turbines work at just 30 to 40 per cent of their capacity. And in cold winter snaps, often caused by vast, slow-moving high-pressure systems over Northern Europe, winds drop to almost nothing.

Helen Chivers, of the Met Office, said cold spells were often accompanied by low winds. ‘It is fairly common in winter to have these high pressure systems that bring cold, still conditions over Britain.’

During December’s cold snaps, the windfarms’ output repeatedly fell sharply, National Grid data shows.
On the coldest day, December 20, the average temperature was minus 5.6C. But just as demand for electricity to heat homes was rising, the winds failed.

That evening the recorded output from the UK’s wind farms dipped to 59 megawatts.

Wind experts say the National Grid only detects half the output of wind farms and that the real figure was 120MW – still only one-fiftieth of maximum capacity.

The following day, when the average temperature was minus 5.2C, turbines were recorded as generating just 20MW. The real figure was probably around 40MW – the equivalent of just 20 turbines at full capacity – powering fewer than 30,000 homes.

Winds dropped again after Christmas. On December 30, the recorded output from wind turbines fell to 25MW at 6.30pm.

John Constable, of the Renewable Energy Foundation, which argues against wind farm expansion, said: ‘When you get a high pressure system at this time of year it can cover most of the UK.

‘The whole of the UK is becalmed just when it gets really cold and when demand for electricity goes up. Regardless of how much wind you have installed you need to have the same amount of conventional stations ready to switch on if the wind fails.’ The wind industry insisted wind was reliable – and that still spells are rare. Nick Medic, of Renewables UK, said if the wind does drop, we can import energy from overseas, or use energy stored in dams.

Yesterday, up to 4in (10cm) of snow fell in some upland areas, Leeds Bradford Airport was closed for several hours and dozens of schools in Yorkshire were shut.

However, a band of rain followed the snow and the Met Office said it was expected to have disappeared by morning. A relatively dry weekend was forecast.

Hammond Discusses Life After Windfarms

HAMMOND - While the Hammond Wind Committee spent its 25th meeting since April discussing economics, tourism and environmental issues - with no formal action - it did revisit a wind energy issue Tuesday that committee members find extremely important: the decommissioning process.

With Iberdrola Renewables, Inc.'s proposal to erect a large-scale industrial wind farm in Hammond over the next few years, paying to make such a project disappear at the end of its service life or if the unit is out of commission is something that must seriously be considered and ensured, according to committee member Allen P. Newell.

Mr. Newell has been involved in the wind energy discussion in Hammond for several years. Also a member of the town's original wind committee that had finished its work in mid-2008, he has advocated educating the public and was the original vice-president of Concerned Residents of Hammond.

On Tuesday, Mr. Newell provided committee members with documentation from several wind committees in New York towns in regards to the decommissioning issue, specifically, from the towns of Bethany, Rensselaerville, Hartsville and Litchfield. He additionally distributed a West Virginia-based article by Tom Hewson, principal of Energy Ventures Analysis, Va., on the lessons learned from wind decommissioning costs.

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Iberdrola submits redesigned application

CLAYTON — Like Gen. Douglas MacArthur in the Philippines, Horse Creek Wind Farm has returned.

Developer Iberdrola Renewables brought in an application for a redesigned wind farm to the joint town and village Planning Board on Thursday night. The new application pares down the scale of the project to 50 turbines producing 100 megawatts. The proposal leaves the town of Orleans out entirely, when the previous plan had eight turbines in that town.

But nothing in the Horse Creek process has been smooth, and so it was Thursday when, after Iberdrola representatives left, zoning officer Henry R. LaClair said the application wasn't complete because the developer had not submitted an application form or the application fee. That will be taken up with the company later.

Jenny L. Burke, business developer with Iberdrola, said the developer and U.S. Fish and Wildlife Service were satisfied that they could change operations to protect a federally listed endangered species. Indiana bats were the reason for the developer's three requests for year-long suspensions on the application. The first two were honored, but the last, in June, was voted down by the board.

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Friends of Maine's Mountains Denounces LURC Ruling on Kibby Expansion

Ruling Highlights Flaws in Maine Law Expediting Industrial Wind

Wilton, ME - Friends of Maine's Mountains (FMM), the leading group dedicated to protecting Maine's mountain regions from threats to their natural and human environments, has denounced the decision announced Wednesday by the Land Use Regulation Commission which formally approves an 11-turbine expansion to the Kibby Wind Power Project in northern Franklin County.

The expansion along the 3,300-foot Sisk Mountain ridgeline of the TransCanada project was originally rejected in a December straw poll of LURC commissioners. Despite being fought by the Maine Audubon Society, the Appalachian Mountain Club, the Natural Resources Council of Maine, the Friends of the Boundary Mountains, the Citizen's Task Force on Wind Power, Friends of Maine's Mountains and many private citizens, the application for expansion was accepted and the erection of eleven additional industrial wind turbines atop Kibby Mountain was approved by a 5 to 1 vote at Wednesday's brief meeting of LURC.

Opposition to the expansion among the members of the Land Use Regulation Commission was greater than the vote results displayed. Commissioners Sally Farrand and Ed Laverty remarked that they believe tthe state's expedited wind law, LD 2283, An Act To Implement Recommendations of the Governor's Task Force on Wind Power Development, was a bad idea and that they could not effectively do their jobs unless they ignored the law. Complaining that LD 2283 left him no choice but to approve the plan, Laverty said, "I don't think we are in a position to flout the position of the State Legislature. We're not legislators. We don't dictate policy; we implement it. Maybe I should consider resigning. Maybe that's what I need to do."

Registered Maine Master Guide David Corrigan of Concord Township attended yesterday's hearing. "By their own comments before the vote, several of the LURC commissioners made it clear that they believed they were following the will of the Legislature," observed Corrigan. "They also made it apparent that they are not happy about this, and would like the Legislature to rethink the wind permitting laws that are at odds with the Comprehensive Land Use Plan, and the very mandate of LURC to protect the Unorganized Territories. I hope the Legislature takes notice."

Commissioner Rebecca Kurtz was the dissenting vote, noting she couldn't support the 11-turbine expansion due to the sensitivity of the region's ecology. "It makes no sense. We all know from Ecology 101 that all these resources are interconnected, that you can't impact one without impacting the others," said Kurtz. "Why we are allowing this to happen when there are rare species of concern being disturbed and there are other places to put wind towers, I don't know."

Steve Thurston, co-Chair of the Citizen's Task Force on Wind Power and member of the Board of Directors of Friends of Maine's Mountains, remarked, "Clearly the problem here is with the process. By the admission of some of their own members, LURC is constrained by the law that results in disregarding their own mandate to protect the environment from these industrial wind construction projects. This has happened in each and every wind project that comes before LURC, and unless something changes in the law, I fear we will see this repeated again and again."

Friends of Maine's Mountains is a research and educational organization whose mission is to research, formulate and promote effective and reliable energy and power solutions that will protect Maine's natural resources, especially Maine's mountains.