Better Plan, Wisconsin

FOUR OF RIPLEY-FIVE HOMES BOUGHT OUT BY WIND DEVELOPERS

SOURCE windconcernsontario.wordpress.com

April 27, 2011

Suncor and Acciona executives quietly bought out residents experiencing health problems.

“If there are no health effects from Industrial Wind Turbines as their proponents claim, then why would wind plant operators buy the homes of wind victims?”.

This is the question being asked by HALT (Huron-Kinloss Against Lakeside Turbines) President Mac Serra. The group recently discovered the sale of four of the five properties previously owned by the families that have been fighting Suncor and Acciona over their inability to lead normal lives in their own homes caused by the Ripley Wind Power Project.

The homes were purchased by 2270573 Ontario Inc. One director for this company listed on the transfer is a manager for Suncor and the other a manager for Acciona.

The victims themselves cannot speak, silenced by a process which leaves the public in the dark over the true extent of the impact caused by industrial wind. “There are over 100 families across Ontario who claim their health is negatively affected by wind development. Many more cannot speak due to confidentiality agreements signed with the wind companies or simply won’t speak up, not wanting to upset their neighbours” said Mac. “MPP Carol Mitchel continues to ignore the health concerns of her constituents and the concerns raised by Dr. Hazel Lynn, Medical Officer of Health for the Grey Bruce Health Unit, preferring to quote Ontario’s Chief Medical Officer of Health’s literature review.” Dr. Hazel Lynn estimates that between 10% and 15% of people living near turbines in her area say their health has been affected.

The group is calling for a full moratorium on all industrial wind development until an independent epidemiological study has been completed. HALT is one of 57 grassroots citizen’s groups across Ontario represented by Wind Concerns Ontario.



PROPOSED WIND FARM REGULATIONS

SOURCE: WFRV GREEN BAY

BROWN COUNTY, Wis. (WFRV) -- A proposal from an area lawmaker will make it even harder for wind farmer developers to build in the state. This after two developers recently pulled the plug on projects in Northeast Wisconsin.

David Enz built his home for his family back in 1978. But last month he and his wife decided they could no longer stay.

"Started feeling pressure in my ears, feeling pressurized, started feeling unstable," Enz said.

Enz attributes the symptoms to the eight wind turbines that were built last fall about a half mile from his house.

"It gets to the point where your body just does not want to be here, it just can't be here," said Enz.

Today, State Senator Frank Lasee introduced legislation that would require developers to keep turbines at least 2,250 feet from a person's property unless there's permission to build closer.

Right now, they need to be at least 1,250 feet from homes. Earlier this year, Governor Scott Walker said he wanted to change the law to 1,800 feet.

Senator Lasee says that's not enough.

"Two thousand fifty feet is a reasonable distance that will help preserve their health and safety because of shadow, flicker, noise and I believe there is either magnetic or electric noise that causes health problems for people," Lasee said.

Last month, two wind farm developers pulled out of projects in both Brown and Calumet Counties, saying the current regulations already go too far.

According to Senator Lasee, the strict regulations aren't what's driving companies away from projects here in Wisconsin. He says it all comes down to money.

"Many utilities are no longer paying premiums which drive up our electric costs for wind energy so they're having trouble getting a contract that would pay," Lasee said. "I think they're using this as an excuse."

Enz hopes the Senator's proposal can prevent other families from going through what he has.

"We have a house that we can't live in," he said.

Enz and his wife have been staying with their children for the last few weeks. Senator Lasee is circulating the bill in the senate and assembly.

LASEE BILL WOULD CHANGE RULES FOR WIND ENERGY SYSTEMS

Sen. Frank Lasee is circulating for co-sponsorship a proposal revising PSC authority over wind energy system siting. Basically, the bill requires owners of a large wind energy system to design and construct the system so a straight line distance from the vertical center line of any turbine in the system to the nearest point on the property line be at least one-half mile. The distance could be shorter if the system owner and property owners agree to a lesser distance. The bill also changes the distance from the vertical center of any turbine to the permanent foundation of any building.
 
Link to PDF of the proposed bill:
http://thewheelerreport.com/releases/April11/0415/0415lrb1507.pdf
 



THE ANGER IS BLOWING IN THE WIND

SOURCE: The London Free Press, www.lfpress.com

April 2, 2011

By Randy Richmond,

Grey-haired, 81-year-old Stephana Johnston is the kind of person to give the provincial ­Liberals fits when she waits outside Dalton McGuinty’s campaign bus this fall.

Leaning against her walker, she looks frail — except when she starts talking about wind power.

“We are suffering and it is a horror story and you are responsible because you agreed to the Green Energy Act,” Johnston tells Lambton-Kent-Middlesex Liberal MPP Maria Van Bommel.

With the next Ontario election only five months away, wind energy and the Green Energy Act is on track to become a huge issue of the campaign.

Johnston says she had to move from her home on the north shore of Lake Erie near Long Point after nearby wind turbines started interrupting her sleep.

“There are some nights when I wake up and just everything inside me is quivering. It has compromised my immune system. I am going everywhere I can go to prevent what has happened to us,” she vows.

Slowed by her walker but energized by her anger, Johnston still marched down the main street of Strathroy Saturday with about 80 others to protest wind turbines.

The peaceful protest march erupted into a raucous, hour-long confrontation with Van Bommel.

Van Bommel could barely finish a sentence without being shouted down by furious protesters who demanded she support a moratorium on turbines until research proves they are safe.

At times she had to stop and simply take the barrage of insults from protesters, some in tears and some claiming she betrayed their friendship.

“Imagine when (McGuinty’s) bus is met 28 days straight with crowds like that in Strathroy,” says John Laforet, president of Wind Concerns Ontario.

Urban dwellers and political analysts are underestimating the anger in rural and small town Ontario over wind turbines, he says. “This is the fight for the life and death of rural life. There is a huge anger out there and I think it is going to get worse.”

For wind energy opponents, the stakes are high. “This is our only shot,” Laforet says.

Wind Concerns — a coalition of 57 groups — will likely endorse either parties or individual candidates and encourage rural residents unhappy with McGuinty to work on getting him ousted.

Eighty municipalities representing two million people have called for a moratorium on wind farms, Laforet adds.

“There a lot of people looking for something to do. Direct political action is the most effective thing a resident of Ontario with concerns about wind can do.”

Hundreds of wind turbines have been installed or proposed in many areas of Southwestern Ontario, a 10-riding region dominated by McGuinty’s Liberals.

Opponents say turbines emit low-pitched sounds that disrupt the body’s rhythms and cause headaches, tinnitus, dizziness, nausea, rapid heart rate irritability and concentration problems.

Proponents say there is no proof of ill effects and turbines are better for the environment and personal health than the coal-fired generating plants they are supposed to replace.

“It’s a very emotional issue and I think we have to recognize that,” Van Bommel said Saturday after the protest. “There are many things that are going to be election issues in rural Ontario. I‘m sure the Green Energy Act will be uppermost in many people’s minds.”



WIND FIRM MAKES FINAL OFFER

SOURCE: Renewablesbiz.com

March 31, 2011

By David Giulliani

A wind company has made its "last and final offer" to residents complaining about problems with their TV reception, which they blame on nearby turbines.

Big Sky Wind, a subsidiary of Edison Mission Group, has a wind farm with turbines in Lee and Bureau counties.

Bureau County residents near the turbines have been particularly vocal about TV reception and noise problems. They also have complained about shadow flicker, which are the shadows of rotating blades that pass over windows that experts say cause seizures in some people.

Last week, Big Sky sent letters via Federal Express to residents who have complained about the problems.

In the letter, the company stated it had offered a settlement of $2,500 for each resident to resolve their TV reception complaints.

"We believe this to be a fair market offer that has already been accepted by several of your neighbors," the letter says. "With this in mind, we consider the $2,500 to be our best, last and final offer to resolve your TV reception complaint."

In the letter, Big Sky said it understands that residents also have complaints about noise and flicker. The company said it's prepared to offer a fair monetary settlement to resolve those issues, as well.

To start those settlement discussions, Big Sky requires that residents sign confidentiality agreements already sent out. The company asks that those agreements be faxed to its attorney in California.

Big Sky spokesman Charley Parnell said the letter and confidentiality agreement are intended to jump-start settlement discussions. He said most of the complaints his firm has received have come from Bureau County, but a few have come from Lee County.

Parnell said his company has received many more complaints about this wind farm than it has about others around the country.

"The vast majority of our complaints have to do with TV reception. This is our first experience on that front," he said.

Mark Wagner, a supporter of greater wind farm regulations in Lee County, said the letter is the "same old story." Companies put up their turbines with the approval of county governments, making many promises that they won't bother neighbors, he said.

"They say the problems won't happen, and then they do," he said. "They don't remediate the problems because you have to physically move the turbines; they won't do that. They'll pay you off and keep you quiet. That's the pattern we're seeing."

Parnell said his company is following Bureau County's ordinance on wind farms.

"We have to mitigate the issues. We're working through a process to mitigate the complaints and concerns," he said.

The Big Sky wind farm has 58 turbines in Lee County and 56 in Bureau County. It covers 13,000 acres.

Another company, Chicago-based Midwest Wind Energy, is planning the Walnut Ridge wind farm, which would be next to Big Sky's in Bureau County.

Some Walnut-area residents are trying to delay the proposed project until further study can be done. The group's members say Big Sky's issues trouble them.

The Bureau County Zoning Board of Appeals expects to decide today whether to recommend conditional-use permits for the Walnut Ridge project.

Bird Deaths Prompt Wind Rules

SOURCE: Ogdensburg Journal

Sunday April 3, 2011

By Nancy Madsen

After some wind power projects have had dramatically higher bird deaths than predicted, the U.S. Fish and Wildlife Service has a set of voluntary guidelines to reduce bird deaths.

Those guidelines, if adopted by the government and developers, could force significant changes to projects, including those along the St. Lawrence River and Lake Ontario.

Bird conservation groups want the guidelines to be mandatory rules. Wind power proponents say the guidelines are too strict as they stand.

William R. Evans, director of the nonprofit Old Bird Inc., Ithaca, said the placement of wind projects is a complicated balance between the need and political momentum for renewable wind energy and the desire to protect wildlife.

“With a few projects, there’s probably not too much damage, but a major build-out would cause damage. Where do you draw the line?” he said. “We have to face the consequences.”

The guidelines call for:

* Three years of pre-construction bird population studies.

* At least two and up to five years of post-construction bird fatality studies.

* Site development decisions made as a coordinated effort among the developer, the Wildlife Service and state and tribal agencies.

* If the parties can’t agree on the adverse effects on wildlife, the service may document concerns, but the decision to proceed lies with the developer.

* Use of operational modifications – raising the speed at which turbines start turning or not operating during key migratory times or using radar to turn off turbines when flocks pass – was suggested.

* Further testing on other measures, such as multicolored turbines, and effects, such as turbine noise on birds, were suggested.

The public can comment on the guidelines until May 19.

The American Wind Energy Association, Washington, D.C., takes issue with the guidelines, saying they were changed after a committee reached a consensus on reasonable measures. The extensive studies and management based on deaths will add expense and delay construction of projects, the association said in a news release. It also adds to the number of projects that would have federal oversight, raising cost without giving additional staff to review more applications, the association said.

“While the wind industry has the responsibility to minimize the impacts of development and operations to the greatest extent practicable, and are constantly striving to achieve that goal, the reality is that every form of development, energy or otherwise, has an impact on the natural environment and the choice we are left with as a society is to pursue those avenues that have the lowest amount of impact,” AWEA siting policy director John Anderson said via email.

But the American Bird Conservancy, Washington, D.C., says the guidelines aren’t strong enough because they are optional.

“The conservancy believes we must have mandatory standards to reduce impacts from wind energy,” said Kelly Fuller, wind campaign coordinator. “The industry is not going to support standards even though they’re optional.”

A key piece of the guidelines, which was also part of the previous version, called for three years of bird population studies.

“The most important thing is that wind farms be built in areas that are not so high-risk for birds that they can’t be mitigated,” Ms. Fuller said. “The only way to find that out is by having good data to find out where those areas are.”

Mitigation measures, such as curtailing turbine use during certain seasons or times of day, also depend on the species of birds involved.

The Fish and Wildlife Service has estimated that 440,000 birds are killed each year by turbines. Because the push is to increase from 25 gigawatts now to 300 gigawatts in 2030, that number will grow, said Robert Johns, the conservancy’s public relations director.

“It doesn’t necessarily mean 12 times, but there will be a lot more birds killed,” he said. “We don’t have data on whether bigger turbines kill birds at the same rate that more smaller ones do.”

Such measures as radar to detect bird flocks and burying power lines could go a long way toward protecting bird populations, the conservancy said.

“Wind power needs to be ‘bird smart,’” Mr. Johns said. “Don’t site where lots of birds should be, employ mitigation when constructing infrastructure and compensate for lost habitat.”

The American Wind Energy Association argues that wind turbines are a very minor human cause for bird deaths. It disputes the service’s number, saying the annual number of bird deaths from turbines is about 108,000.

The association’s figure is “based on national averages as derived from over a decade of on-the-ground scientifically designed and statistically robust post-construction monitoring conducted at wind farms across the U.S. by biological consultants,” Mr. Anderson said.

The Fish and Wildlife Service extrapolated the 440,000 figure from partial data and assumptions, the association said.

Buildings kill 550 million birds per year, while power lines kill 130 million, cars kill 80 million and domestic cats kill 10 million, it said. And wind power is far less risky for bird populations than other sources of energy, it said.

Just across the Canadian border from proposed projects in Jefferson County, the Wolfe Island Wind Farm has a very high bird death rate per turbine, at 13.4 birds per turbine and a Canadian high of 0.27 birds of prey per turbine. The deaths have alarmed Canadian and U.S. conservation groups.

Mr. Evans suggested that bird deaths at St. Lawrence Wind Farm and Cape Vincent Wind Farm would be comparable to those on Wolfe Island.

“But they were proposed before the data from Wolfe Island came out,” he said. “It’s not easy to draw the line on which developments. The ones that already started could be allowed, but then others that want to come in and aren’t could say the process isn’t fair.”

Mr. Evans conducted the bird population studies for Galloo Island Wind Farm, which were “the most robust and thorough bird studies of any project in the U.S.”

The studies showed that many bird populations didn’t visit the island during migration because it is six miles offshore from the mainland.

“A substantial number of bird populations don’t want to fly over the lake,” Mr. Evans said.

Very few bird of prey species visit the island, too. A certain number of cormorants, gulls and Caspian terns fly over the island daily in search of food. But terns, the only species of concern, likely would experience 30 to 40 turbine-related deaths per year, which will hardly put a dent in a colony of 1,700 from Little Galloo Island, he said.

“It will kill terns and a substantially smaller number of raptors,” Mr. Evans said. “All these things have to be weighed against Galloo Island having one of the best wind resources on land in the Eastern U.S.”

Next story:

NO EASY ANSWERS BLOWING IN THE WIND: WIND FARMS TRICK RADAR, RAISING PUBLIC POLICY QUESTIONS

SOURCE: www.caller.com

April 2 2011

By Mark Collette,

CORPUS CHRISTI — Three or four times a day, an alarm goes off at the National Weather Service in Corpus Christi, warning of a tornado in San Patricio County.

In a dark air traffic control room at Naval Air Station Kingsville, a shadow looms on the radar screen over Kenedy County.

There is, of course, no tornado and no phantom lurking on the horizon.

But the wind farms that trigger these radar images are real, and they’re causing a collision between clean energy, military and public safety priorities.

The wind industry worries that proposed laws intended to keep turbines from interfering with military installations would thwart business in Texas, the nation’s leading wind energy state.

Weather forecasters and military officials fear turbines, which look like planes and storms on radar images, could lead to failed public warning systems and cripple the Kingsville base’s mission to train jet pilots.

For the Coastal Bend, the economic fallout of any check on the exponential growth of the industry reaches beyond the developers and the landowners who can earn around $5,000 a year on a lease for one turbine.

Shipments of wind turbine equipment through the Port of Corpus Christi in 2008 and 2009 generated $39 million in direct revenues and 256 jobs for regional businesses, according to a study by Texas A&M University-Corpus Christi economics professor Jim Lee.

As more developers pursue Coastal Bend wind projects, the potential for radar clutter rises. More than 400 turbines already have risen in San Patricio and Kenedy counties. They can produce about 1,065 megawatts, enough to power roughly 300,000 homes.

According to information compiled from government and industry sources, developers are proposing new projects in the Coastal Bend that total at least 2,445 megawatts, which could mean 800 to 1,600 more turbines.

Dottie Roark, a spokeswoman for the Electric Reliability Council of Texas, the agency that collects information on new wind projects, said many of the proposed farms never will be built for lack of financing, technical obstacles or other reasons.

But developers also may be considering projects the council doesn’t yet know about. That’s because state rules don’t require wind project developers to give any form of public notice until they request a connection to the state’s power grid. Even then, the information at ERCOT is geared toward people with a deep knowledge of electricity markets. Names of companies and locations of projects — except for the name of the county — aren’t revealed until late in the process unless a developer gives permission.

Wind developers say this arrangement promotes clean energy development and helps companies compete for leases on coveted land in a business where location means everything. Developers like the Coastal Bend because it has access to long-distance transmission lines and steady winds that are strong on hot afternoons when statewide electricity demand peaks.

Radar clutter has bred tense, delicate relationships between stakeholders who don’t want to be seen at odds with their counterparts — viewed as anti-clean energy or anti-military, for example — but who nonetheless have huge economic, environmental and safety interests to protect.

Within the National Weather Service, a careful balancing act is under way.

“There are people within the weather service who don’t want these wind farms anywhere near the radars,” said Ed Ciardi, a meteorologist at the National Weather Service Radar Operations Center in Norman, Okla., and one of the service’s leading wind farm clutter analysts.

Ciardi said despite the internal disagreements in the weather service, it has striven to work with wind developers, encouraging them to work out siting issues as early as possible.

“They don’t have to work with us,” he said. “In order not to cause them issues, we protect any data that could compromise them in a competitive way.”

That can mean not publicly disclosing potential wind farm sites unless forced by a request under the federal Freedom of Information Act, Ciardi said. Even then, the information usually is exempt from disclosure, he said.

In turn, the wind industry provides valuable information to the weather service. John Metz, warning coordination meteorologist for the weather service in Corpus Christi, said E. ON Climate and Renewables, owner of the Papalote Creek wind farm in San Patricio County, provided wind speed data after a rare January tornado cut a 20-mile swath across the Coastal Bend, ravaging trailers in the North Bay area and wrecking homes and a school in Robstown.

Some wind developers are agreeing to shut down turbines when severe weather approaches, Ciardi said.

When a weather radar

scans a wind farm, it interprets the movement of the blades as precipitation. The instruments are sensitive enough to detect bird flocks, so a wind farm — with 100 or 200 sets of blades that each stretch the length of a 747 jetliner and spin more than 100 mph at the tips in a 20 mph wind — can look like a tornado-breeding monster.

At Papalote Creek, the radar thinks it’s raining all the time. Under the right conditions, the blade movement triggers a tornado alarm, Metz said.

The radars can’t be programmed to ignore the wind farms because that could cause forecasters to miss a true storm. So far, there have been no weather warning delays or missed warnings in Corpus Christi, Metz said. The wind farms here are beyond a critical 10-mile range, allowing the radar to see easily beyond the turbines. But at least one proposed farm, near Petronila, is at the edge of the 10-mile radius.

Nationwide, wind farms haven’t caused forecasters to miss warning the public, but there have been instances of false warnings, Ciardi said.

“We’re still on the early stages of wind farm build-out,” he said. “Right now we’re only 10 percent of where the United States wants to be 10 or 20 years from now. Ten years from now, there’s likely to be more wind farms surrounding our radars, and I think that’s where we’re worried.”

It’s also a worry for Naval Air Station Kingsville, the commanding officer, Capt. Mark McLaughlin, said.

Proposed wind farms have the potential to create false radar returns throughout the airspace pilots use on their approach to the Navy base, McLaughlin said. Already, radars can lose track of planes when they fly into certain areas covered with false radar plots caused by turbines. Controllers then have to increase the distance between jets for safety.

“Increased separation means fewer training flights and decreased ability to perform our mission,” McLaughlin said.

Naval Air Station Corpus Christi officials did not respond by Friday evening.

State Sen. Juan “Chuy” Hinojosa, D-McAllen, trying to protect the base — Kingsville’s largest employer — filed a bill that would require wind developers to notify the Texas Commission on Environmental Quality and military installations of plans to build turbines within 25 miles of an installation. State Rep. J.M. Lozano, D-Kingsville, filed an identical bill in the House.

Patrick Woodson, chief development officer for E. ON, said the law would add an unnecessary layer of bureaucracy. Developers already are required to notify the Federal Aviation Administration of a wind farm project 45 days before construction, and it takes weeks to get FAA approval, he said.

Developers spend years erecting towers to test the wind and signing leases with landowners.

“There’s no secret plot here to construct wind turbines without telling anybody,” Woodson said.

Mark Hannifan, vice president of development for Tradewind Energy, said the bills provide no specific timetable for notifying the commission. Notifying too early could hurt competition, and the 25-mile requirement would take away too many potential wind farm sites, he said.

“This bill will send (wind developers) packing out of the state of Texas and send everybody packing out of the Coastal Bend.”Greg Wortham, director of the Texas Wind Energy Clearinghouse trade association, said new state regulations aren’t warranted because the FAA already has oversight and concerns over wind farm clutter are overplayed.

“The radar issue has been abused by people who just want to create an issue,” he said, “because their real story is they just don’t like wind turbines.”

Some technical solutions are on the horizon. Defense contractor Raytheon has plans to roll out new software algorithms as early as 2012 that would help military radars distinguish aircraft from wind turbines.

Patrick Paddock, an operations specialist and radar expert at Naval Air Station Kingsville, said those solutions would require years of testing and procurement processes before the military could begin to implement them. Even then, “because of the physics of this specific radar, software mitigation alone is probably not going to solve all of the problems,” he said.

There have been no offers on this home for sale in Invenergy Wind Project, Town of Byron, Fond du Lac County

BREAKING NEWS!

A Public Hearing regarding the PSC's wind siting rules has been scheduled for Wednesday, February 9, 10:00 AM, Room 412 East, Capitol building, Madison

A MESSAGE FROM REPRESENTATIVE AL OTT:

I am contacting you today to inform you of a Public Hearing that was just scheduled by the Joint Committee for the Review of Administrative Rules (JCRAR).

 The Committee is holding a Public Hearing on PSC 128 (CR 10-057) on Wednesday, February 9th at 10:00 a.m. in Room 412 East of the State Capitol.

This Public Hearing is the first step toward suspending the effective date of the wind turbine siting standards, which are set to go into effect on March 1, 2011.

 Last month, I made a formal request to the JCRAR Co-Chairs to use their Committee's authority to bring a halt to PSC 128.  I asked the Co-Chairs to conduct a thorough review of the impact of PSC 128 and to take the additional step of suspending the rules in order to provide the opportunity to go back to the drawing board with this flawed product.  [Click here to read the request]

As you know, Governor Walker introduced Special Session bills AB 9 and SB 9, which would have set - by statute - more stringent standards for the siting of wind turbines, both in terms of set-back distances and other provisions related to notification requirements, etc.  

While it would have been my intention to support AB 9 and SB 9, for the time being, it appears that those bills will not be moved forward.  

Given the March 1st effective date of PSC 128, addressing the issues created by that rule is more effectively done through action from JCRAR, rather than via legislation.  

By taking action to suspend the rules, the Legislature is provided with more time, and greater flexibility, to take a more thoughtful look at these standards and to find reasonable solutions.

If your schedule allows, you are welcome and encouraged to attend Wednesday's Public Hearing.

 If you are unable to attend, please feel free to submit written comments to the Committee.  

Representative Jim Ott (Co-Chair)

Representative Dan Meyer

Representative Daniel LeMahieu

Representative Gary Hebl

Representative Frederick Kessler

Senator Leah Vukmir (Co-Chair)

Senator Joseph Leibham

Senator Glenn Grothman

Senator Lena Taylor

Senator Fred Risser

You can find contact information for the Co-Chairs and members by clicking on the links above or you can go to the following web links:  http://legis.wisconsin.gov/W3ASP/CommPages/IndividualCommittee.aspx?committee=Administrative%20Rules&house=Joint <http://legis.wisconsin.gov/W3ASP/CommPages/IndividualCommittee.aspx?committee=Administrative%20Rules&house=Joint>

If you have any questions regarding Wednesday's hearing or the status of AB 9 and SB 9, please feel free to contact my office and ask to speak with Erin.

Sincerely,

Al Ott
State Representative
3rd Assembly District
1-888-534-0003 (toll-free)

CLICK ON THE IMAGE ABOVE TO HEAR WHY PSC COMMISSIONER LAUREN AZAR RECOMMENDED A 2,200 FOOT SETBACK.

IN THE NEWS:

LEGISLATURE WON'T TAKE UP WALKER'S WIND SITING BILL

Source: Milwaukee Journal Sentinel

February 4, 2011

By Thomas Content

A bill to restrict development of wind power projects won’t be taken up in the Legislature’s special session, but a spokesman for Gov. Scott Walker expressed confidence that the governor’s concerns about the wind issue will be addressed in a different way.

The bill is the only Walker proposal in the jobs-focused special session that didn’t clear the state Assembly.

The Legislature's focus on the wind siting issue is to not take up the Walker bill but instead use its legislative review powers to consider whether to block a wind siting standard passed last year by the state Public Service Commission from taking effect.

A hearing has now been scheduled for next Wednesday on the PSC's wind siting rule. The hearing will take place before the Joint Committee on Administrative Rules, which has the power to suspend the rule the PSC adopted.

During a bill signing in Madison Friday afternoon, Walker said he would continue to work on the issue, either by changing administrative rules or with a bill in the regular legislative session that is now under way.

“I want to see the wind industry like every other industry to be effective here in the state of Wisconsin,” Walker said. “I just want to find a way to balance that with … property rights.”

Just because Walker’s proposal won’t be voted on doesn’t mean the issue is dead, said Andrew Welhouse, spokesman for Senate Majority Leader Scott Fitzgerald (R-Juneau).

“There are still members of our caucus who have an interest in making a change. The final discussions on what that change is and what route that change is going to take through the Legislature is not determined. It’s still a work in progress,” he said.

Discussions are ongoing as to what happens next, Welhouse said.

“The fact that there is a public hearing on Wednesday should show you that there are still conversations behind had between the people involved throughout Wisconsin and the Legislature who are here to represent them,” Welhouse said.

The PSC rule called for wind turbines to be set back at least 1,250 feet from nearby homes, and also included specific limits on decibel levels for wind turbines as well as shadow flicker.

Walker rejected that approach as hurting the property rights of nearby landowners, instead proposing a bill that would bar construction of wind turbines if they are within 1,800 feet of a property line.

Supporters of renewable energy said that the bill essentially would slam the door on wind power development in the state. The bill wouldn't have affected construction of the state's largest wind farm, a 90-turbine project northeast of Madison being built by We Energies. But if it were applied to this project, the utility would have needed to get waivers to build 86 of the 90 turbines, according to an analysis by the PSC.

Cullen Werwie, Walker’s spokesman, said the governor has had success with the vast majority of his legislative proposals and didn’t view the failure of the Legislature to move the wind siting bill as a setback.

“Not at all. I don’t think the policy is dead,” he said. “The Legislature is committed to advance debate on this issue, and the governor will be continuing to work with them as they do that.”

Werwie expressed confidence that property rights concerns would be taken into account as the Legislature decides how to proceed.

Backers of the PSC standard thought the issue was resolved when the commission wrapped up work on the wind siting issue at the end of 2010.

Possible outcomes now could include having no statewide standards at all, one year after the Legislature passed a law calling for uniformity in wind standards, said Mike Brown, spokesman for state Sen. Mark Miller (D-Monona).

“This appears to be a way to accomplish the same objective without subjecting themselves to a public vote on the floor of the Senate," Brown said.

The decision not to take up the bill during the special session was first reported by The Associated Press.

Fond du Lac County: The PSC approved setback in this project is 1000 feet from homes

WALKER ISN'T GIVING UP ON TOUGHER WIND TURBINE RULE

SOURCE:  www.greenbaypressgazette.com

February 4, 2011

By SCOTT BAUER 

MADISON — Wisconsin's Legislature will not take up Gov. Scott Walker's proposal to toughen wind turbine regulations during a special session the governor called to pass that bill and others, spokesman for legislative leaders told The Associated Press on Thursday.

However, the demise of the bill seeking a law change doesn't mean Walker is giving up on the issue. The governor's spokesman, Cullen Werwie, said Thursday that he instead will work with lawmakers to achieve the goals of the measure through a change to Public Service Commission rules instead of a new law.

A meeting of a legislative committee that could make the rule change was announced late Thursday afternoon for Wednesday morning.

"Clearly the Republicans' assault on wind energy is not dead," said Senate Minority Leader Mark Miller, D-Monona, in a statement. He accused Republicans of protecting themselves from voting on the bill by "manipulating the administrative rules process."

Currently, turbines must be built at least 1,250 feet from nearby homes. Walker wants to push that back to at least 1,800 feet away.

The bill was introduced at Walker's request as part of a special session call he made to pass 10 bills that he said will help spur job creation. The other nine have passed one or both houses of the Legislature and four have been signed into law. But the wind bill never was even scheduled for a public hearing.

Walker, a Republican, has worked incredibly closely and well with the Republican-controlled Legislature. But that strong relationship wasn't enough to rescue the wind bill, which drew vociferous opposition from those in the industry who said it would constitute the greatest regulatory barrier in the country.

The wind bill is dead for now, but might be revived later in the session, said Chris Reader, chief of staff for Sen. Rich Zipperer, the Republican chairman of the Senate Judiciary Committee that had the bill.

"It's just an issue the Legislature wants to take a longer, more thoughtful look at," said Andrew Welhouse, spokesman for Senate Majority Leader Scott Fitzgerald. "We don't have any immediate plans to move the special session bill, but the issue certainly isn't going anywhere."

Welhouse said changing PSC rules to make the change was being considered, but there was no solid plan in place. The meeting next week was a public hearing on the issue, but no vote on any proposed rule change was planned.

Renew Wisconsin, which has tracked the growth of the state's renewable sector, had said as much as $1.8 billion in investment may be at stake if every state wind farm now in the planning stage is halted.

Chicago-based Invenergy wants to build a 100-turbine wind farm in the southern Brown County towns of Morrison, Glenmore, Wrightstown and Holland.

Invenergy's proposal called for the turbines to be set back 1,000 feet from homes or other structures such as schools and churches. A group of residents opposed to that project want the turbines set back 2,450 feet.

Denise Bode of the American Wind Energy Association said the requirement would have put a "closed for business" sign on Wisconsin for wind development.

Walker had argued his proposal would have benefited property owners. The idea had garnered support from the Wisconsin Realtors Association, which said it was needed to protect homeowners near wind turbines.

 SECOND FEATURE

Illinois property value expert says:

No permits should be issued on any wind generation project without a property value guarantee for residents in the turbine area of influence. The impact zone of a wind farm is two to five miles 20 to 40 percent value loss of homes, and the complete losses for people who are forced to walk away from their homes because of wind turbine impacts

TURBINE IMPACTS REVEALED AT COMMUNITY MEETING

SOURCE: The Alpine Sun, www.thealpinesun.com

January 27 2011

By Billie Jo Jannen,

BOULEVARD — A standing-room-only crowd got an earful on the property and health impacts of industrial wind turbines last Wednesday, when experts flew in from Illinois and Canada to speak at an informational meeting held at the Boulevard Fire Station.

Speakers included appraisal consultant Mike McCann, of Chicago, Ill., Carmen Krogh, of Ontario, Canada, Bill Powers, of Powers Engineering, Dave Elliott, of Boulevard, and Donna Tisdale, also of Boulevard.

McCann – whose resume includes real estate zoning evaluations, property value impact studies, analysis of wind turbine generating facilities and evaluation of eminent domain real estate acquisitions – advised residents bluntly that no permits should be issued on any wind generation project without a property value guarantee for residents in the turbine area of influence.

The impact zone of a wind farm is two to five miles, he said. In addition to 20 to 40 percent value loss of homes in that area, there are increased costs of health care, costs to try to retrofit homes to block noise or the strobe light affect of the turbine shadows, and the complete losses of people who are forced to walk away from their homes.

Krogh, a retired pharmacist who networks with health professionals worldwide to track and document wind turbine health affects, said the impacts of both audible and inaudible sound cannot be mitigated: “The only mitigation is to remove the people from the environment they are in,” she said.

Mental and physical afflictions include sleep deprivation, headaches, heart palpitations, vertigo, tinnitus, gastrointestinal problems, anxiety and cognitive impairments, she said.

Matching results are documented in the United Kingdom, Australia, Germany, Japan, Canada and the United States – every country that has industrial turbines have health complaints.

Both McCann and Krogh said that a number of turbine neighbors had walked away from their homes, because they could not live with the impacts and no one would buy their homes. Others must find someplace away from the turbines to sleep and many have had to send their children to live with relatives to clear up various illnesses.

Adequate research on the long-term affects of turbine noise on growing children has not been done, Krogh said. However, according to Arline Bronzaft, B.A., M.A., Ph.D., who spoke at the Oct. 30 International Symposium on Adverse Health Effects from Wind Turbines, many other studies have demonstrated that intrusive noises, such as passing traffic or overhead aircraft, adversely affect children’s cardiovascular systems, memory, language development and ability to learn.

The title of Bronzaft’s presentation was “Children: The Canaries in the Coal Mine.”

In the Boulevard planning are alone, 392 turbines are wending their way through the permitting process, according to Tisdale. Hundreds more are planned in Ocotillo and Jacume, Mexico, immediately south of Jacumba. The current San Diego County wind ordinance makes no provision for property value guarantees.

“I’m calling for a moratorium pending studies of health impacts,” said Tisdale, who recently attended an international symposium of doctors, researchers and other health professionals who have documented wind turbine health effects worldwide.

She said she will be asking that the county permitting process make provision for property value guarantees, relocation of impacted residents, evidence-supported setbacks and protections in the noise ordinance to include low-frequency and infrasound effects. Neither is currently addressed in the county’s noise ordinance.

Krogh brought filmed interviews with wind turbine neighbors from Norway, Canada and Japan. The sound levels from their homes, in some cases, drowned out their voices and the nature of the sound was so distressing that audience members asked that it be turned down.

Krogh is a member of Society for Wind Vigilance, an international federation of physicians, acousticians and other professionals who seek to quantify heath risks and ensure that permitting authorities and wind turbine operators acknowledge and remedy those risks.

So far, she said, there has been great resistance from governments, who seek to provide “green” alternatives and who receive tax money from wind farm profits.

Asked what local clinics might do to mitigate health problems that could develop from proposed area wind farms, Krogh said there literally are none, though local health professionals help by gathering information: “A clinic can assist by documenting impacts to its patients.”

Industrial wind farm operators in the United States and Canada, most of whom receive taxpayer supported benefits and highly favorable permit conditions, resist revelations of adverse effects by requiring property owners from whom they lease lands to sign non-disclosure agreements, McCann said.

The few off-site residents that have received buy-out offers from wind companies are required to sign non-disclosure agreements as a condition of the buy-out.

McCann added that property value losses are not offset by local jobs or by lease payments to property owners. The leases are often predicated on the power the turbine produces and few of them actually work at maximum capacity. Hence, “They (landowners) aren’t getting what they were promised,” he said.

“Always have a lawyer look at the lease document before you sign it,” he advised.

Among the small print items to be aware of is what it going to happen to the turbine when it is taken out of service. The I-10 in Nevada is littered with the carcasses of turbines that are no longer useful, but they have never been removed, he said.

Large companies further “defuse their liability” by creating smaller limited liability companies to actually own and operate the wind farms, McCann said.

Elliott, a member of the Manzanita Band of Mission Indians, monitors, and tries to mitigate, the cultural impacts of the Sunrise Powerlink and the wind projects. He said that Indian burial sites and other cultural sites in both private and public lands are being destroyed by these projects, with very little effort to protect them.

“This project is all about big business … it’s about trillions of dollars,” Elliott said. “As Native Americans, we’re last on the totem pole.” Elliott said he has encountered hostility from homeowners, who may be mistaking his efforts to identify cultural sites as further intrusion by SDG&E.

“I support the landowners’ efforts to protect their lands,” he said. “I hope the landowners will support our efforts too.”

Several meeting attendees, one who lives as far as two miles from the existing wind farm on Campo Reservation, commented that they can hear the turbines clearly, even inside their homes. McCann said that wind turbine noise can travel up to nine miles in mountain terrain.

Property value impacts start to show up as soon as even the possibility of a project becomes known, according to McCann. The phenomenon even has a name among appraisal professionals: wind farm anticipation stigma.

In a comment paper on the Brucci MET tower on La Posta Road, he asserted that the construction of a meteorological testing tower “serves as constructive notice to existing neighboring property owners and any potential buyers” that wind turbines may come in later – and that is enough to drive homebuyers elsewhere.

According to nolo.com, a law information website, California sellers must disclose any and every natural and manmade hazard that might affect the value of the property. This includes everything from neighborhood nuisances, such as a dog that barks every night, to major hazards like floods, earthquakes, fires, environmental hazards, and other problems. Failure to make the required disclosures not only costs the seller in a lawsuit, but can also carry criminal penalties.

So what is a homeowner to do if his home is untenable and no one else wants it either? “It’s really sad to talk to these people who put their life savings into their homes and then have to walk away from them,” McCann said.

The mass erection of wind turbines near people’s homes is a form of taking from the property owner and giving to the wind developers, he added: “It’s not OK to rob from Peter to pay Paul.”

The county’s wind ordinance calls for permitting requirements to state noise limitations at the property line, but makes no provisions for property value protections or mitigation of health impacts, according to Planning Manager Joe Farace of San Diego County Department of Planning and Land Use.

That’s a different realm from what we do,” Farace said. State and federal environmental and planning laws don’t require that these impacts be quantified or mitigated, though the county could, if it wished, explore going beyond those minimums.

“This is so new,” he said. “We’d have to work with county counsel to see what we could do.”

Farace said there are no plans, currently, to pursue such a discussion.

THIRD FEATURE:

WIND PROJECTS BACKED BY TAX CREDITS AND SUBSIDIES

 SOURCE: VPR News, /www.vpr.net

February 3, 2011

by John Dillon

(Last of Three Parts) Most people think of big wind projects as a way to harvest the breezes that blow freely across the earth.

But sophisticated investors look at big wind quite differently. That’s because besides generating electricity, the large-scale projects also involve sophisticated financial instruments that harvest a variety of tax benefits.

In the last of our series on big wind, VPR’s John Dillon has this look at how the projects are financed.

(Dillon) This is a story about finance, tax credits and energy subsidies. So point number one. Almost all energy production is subsidized.

Nuclear power, for example, is backed up by the federal government. If a reactor melts down, the feds are ready to underwrite the monumental insurance costs.

Some oil company subsidies date to the 1920s.

Tax incentives and subsidies for renewable resources are much more recent. Now, says energy developer John Warshow, the government assistance is seen as an essential part of the complex financing for these projects.

(Warshow) “Developing a project is like juggling with being blindfolded and having five balls you got to keep track of. You’ve got your debt financing, your equity financing, your power sales.”

(Dillon) In his younger, scruffier days, Warshow fought nuclear power. He later turned his activism into action. His office wall in Montpelier features pictures of some of the renewable enterprises he’s helped launch, including hydro projects in Vermont and wind in New York state.

Although wind is free, the projects are expensive to start with because of the cost of the turbines, the land and the permitting requirements.

Which leads us to point number two. Because of that expense, private financiers are needed along with the government support. Investors use the tax credits to offset their income.

(Warshow) “Generally there are investors, either individual or corporate investors, who put cash into the project.”

(Dillon) To raise all the money they need, the developers’ financing resembles a multi-layered birthday cake. The tax financing piece is one layer; power sale contracts are another. Loans are yet another piece of the overall package. Warshow outlines the three main incentives used by wind investors. There are direct payments allowed under the recent stimulus bill, tax credits for energy production, and tax credits for investment.

(Warshow) “You can’t do all three, you have to pick which one is most appropriate for you.”

(Dillon) The production tax credit basically cuts the cost of electricity that’s sold. That helps the power producer. The investment tax credit – as the name suggests – is more geared for the investor. Warshow does the math on a hypothetical project that costs $40 million dollars.

(Warshow) “Maybe half of that might be debt so that would be $20 million. And the equity investors would be entitled to 30 percent of that $40 million if they took the tax credit, so that would be $12 million they would get back pretty much instantly on their investment.”

(Downes) “These are tax shelters for the investors. Pure and simple. They are nothing more than that.”

(Dillon) William Downes is a financial analyst in Maine who has looked closely at wind financing. He says the tax credits have a market of their own. They can be bundled and re-sold to companies, hedge funds or individuals.

(Downes) “Whatever investor they bring in is obviously a big institution with a lot of taxable income they want to shelter.”

(Dillon) Downes says companies and investors also take advantage of accounting rules that allow for accelerated depreciation of turbines and other equipment. He says the investments can be lucrative.

(Downes) “So, in effect, the investor will get an after-tax return of 7-8 percent, maybe higher.’

(Dillon) Just as nuclear power wouldn’t be viable without the federal insurance guarantee, many wind projects wouldn’t be built without the various tax breaks.

Green Mountain Power has made this point before the state Public Service Board. The company says it has to have the Lowell Mountain project up and running before the end of December 2012, when the production tax credits expire.

(Dostis) “Without those we would probably shelve the project for a while until either the tax credits were available or economics changed.”

(Dillon) Robert Dostis is a GMP vice president. He says that because GMP’s rates and profits are set by regulators, customers reap the benefits of the tax credits.

(Dostis) “The production tax credit that expires in 2012 is important because it keeps the cost of the project down. And that savings go directly to what the customer pays.”

(Dillon) But there’s still a third point to be made. Even with the tax advantages, wind projects are not guaranteed money-makers.

First Wind in Boston is an example. It’s developing a project in Sheffield in the Northeast Kingdom.

Late last year, the company was poised to sell stock to the public, so its financing is detailed in a filing with the Securities and Exchange Commission. The documents show the company has high debt and negative cash flow. Spokesman John Lamontagne says tax credits help the company compete with other energy sources.

(Lamontagne) “The tax credits allow renewable energy projects to be operating on a level playing field with fossil fuels. Fossil fuels also receive significant levels of government assistance.”

(Dillon) But even with the help of the tax credits, First Wind also has about $528 million in long-term debt. The company told the SEC that if it can’t meet the loan terms it could be forced to declare bankruptcy.

It turned out investors weren’t willing to pay what First Wind wanted of them. So it canceled its stock offering. And added to its existing debt. To build the Sheffield project, it borrowed another $76 million.

For VPR News, I’m John Dillon in Montpelier.