Entries in wind farm contract (66)

7/19/10 Sow the wind, reap dead bats AND The sport of pitting neighbor against neighbor: Wind developers won't hesitate to tear communities apart AND an interview with a wind project resident who had to leave her home once the wind turbines went on line

Note from the BPWI Research Nerd: Wind turbine related bat kills are ten times higher in Wisconsin than anywhere in the nation except Pennsylvania. There is serious concern about the survival of bat populations near Wisconsin wind projects.

WIND TURBINES AND DISEASE CUTTING BAT TOTALS

SOURCE: The Times Leader, www.timesleader.com 

July 19 2010

By Matt Hughes,

WILKES-BARRE — Sue Gallagher of the Carbon County Environmental Center has presented her educational program on bats so many times she could probably do it hanging upside down in the dark.

She ran through much of that program Thursday at Wilkes-Barre’s River Common, going over myths and misconceptions about nature’s only flying mammals. To summarize: Bats aren’t blind, they aren’t flying mice, they won’t get stuck in your hair and, unless you’re vacationing on a South American cattle ranch, they won’t suck your blood either.

A little more than a year ago, things changed, and Gallagher’s message about bats changed with it.

Bats in Pennsylvania are dying, Gallagher said, in such extreme numbers that future generations of Pennsylvanians may never see them in the wild.

“You guys aren’t going to grow up seeing bats the way we grew up seeing bats,” Gallagher told the approximately 10 children who gathered with their parents for the program, which was sponsored by rivercommon.org.

There are two culprits in the disappearance of the state’s bats, Gallagher said.

Hibernating bats, the sort that live in caves, have been affected by white nose syndrome, a fungus-based illness that causes bats to awaken from hibernation early. The bats, which live on a diet of insects, then die of starvation.

The illness, which spread south from New York State last year, kills 85 to 100 percent of bat populations it infiltrates.

Other bats, especially the migratory variety, are being killed by an unlikely source: wind turbines. Bats are attracted to the turbines during mating season, Gallagher said, when they will fly to the highest point above ground. They are then either killed by the large fan blades or by low pressure systems that form near the tips of the blades that cause the bats’ lungs to explode.

A single turbine can kill 50 to 100 bats a year, Gallagher said, adding that it is too early to judge the effect of wind energy on bats because Pennsylvania does not track bat population size.

“We want to get behind wind energy; we want to say wind energy is green, but we’ve got to address its impact on bats,” Gallagher said.

“I feel bad, because I really like bats, and I don’t want them to die,” Bethany Kelsey, 7, of Wilkes-Barre, said after the program.

“I didn’t know that they were dying, which makes me very sad,” Kelsey’s mother, Angel Kelsey, added. “I grew up in the woods watching the bats.”

The bat program was the first in a series of free children’s nature education programs being held at the River Common. The next, a live mammals program, will take place July 23.

Wind farm sows discord among friends

Sunday, July 18, 2010  02:59 AM

URBANA, Ohio - One need not drive too far into Champaign County to recognize that 2010 will be a bumper year for corn and soybeans. As for harvesting the wind, the jury is still out.

Last week, the Ohio Power Siting Board essentially reaffirmed its decision to allow 53 wind turbines to be erected near here, despite the persistent objections of residents who are not convinced that the turbines - some of them approaching the height of the Washington Monument - will do any more than set longtime county residents at one another's throats.

"One woman told me she couldn't go to church anymore because she couldn't stand to look at one of the people who has sold out" by leasing land for the turbines, Julia Johnson, one of those longtime residents, said last week.

These once were Champaign County farmers who shared a tremendous kinship as stewards of the land. If one were injured or fell ill, his friends would bring in his crops. They attended Grange meetings and social gatherings together. Their children signed up for 4-H and the Future Farmers of America.

The atmosphere has become so acrimonious that merchants who must sell to all community members have avoided any signs at their businesses suggesting favoritism to either side of the issue.

"There are certainly some people I will never trust again, and any friendship we might have had in the past is now gone," said Diane McConnell, who, with her husband, Robert, owns farmland. "We will have five turbines right out the north window 700 feet from our property line."

Those who want the windmills say they produce electricity without pollution, fit in with farming because crops can be planted around them and cattle can graze underneath, and will bring jobs to the county. But neither the McConnells nor Johnson believe that the quality of life in the Urbana area will be enhanced.

"Eighty percent of the revenue for those turbines will go overseas and will not benefit our economy at all," Johnson said. EverPower Wind Holdings, the company developing the wind farm, is owned by Terra Firma, a British private-equity firm.

"It is not about energy. It is about money," Johnson said.

The McConnells and Johnson also worry about safety. People living near wind turbines in other places have complained about headaches, sleeplessness and anxiety from the humming.

Could it be that in some now-forgotten, long-ago debate, some energy whiz proposed going after crude oil not only with land-based drilling but by employing offshore oil platforms as well? Surely, the question of safety arose.

If offshore oil drilling were scrutinized no more carefully than wind turbines have been, it was only going to be a matter of time before something happened.

It might be time for a good, ol' Bible-thumping homily preached in a rural Champaign County church from Hosea 8:7: "They have planted the wind and will harvest the whirlwind. The stalks of grain wither and produce nothing to eat. And even if there is grain, foreigners will eat it."

Retired columnist Mike Harden writes Wednesday and Sunday Metro columns.

SECOND FEATURE:

Click on the image below to find out why a family in a wind project left their home once the wind turbines went on line


In this interview by Save Our Skyline Renfrew County (sosrenfrewcounty.wordpress.com), Helen Fraser talks about health issues she suffered after the Melancthon wind energy facility near Shelburne, Ontario, began operation in the spring of 2006.

Her home, where she had lived for more than 30 years, ended up in the middle of the facility.

Her fibromyalgia seriously deteriorated shortly after the wind turbines were active, yet improved just as drastically every time she was outside the vicinity of the facility.

Mrs. Fraser also notes that they no longer saw the abundance of wildlife that they had before. There were 12 turbines visible on three sides of her home, the closest only 423 meters away. Eight of the turbines had an obvious direct impact on the home, with noise or shadow flicker.

“I could tell if the turbines were running if I had a headache,” she says. When the towers were erected, she began having severe head and body aches, ringing in her ears, digestive issues, and chronic fatigue, which led to a whole host of other issues, including depression and not being able to concentrate.

“And they all cleared up after 24 hours [of being away from home], and when we’d come back the symptoms would be there 24 hours later.”

7/9/10 In the news and on the docket: Getting out of what you didn't know you were getting into: Wisconsin landowner regrets signing wind contract AND Will warnings about potential negative impacts be taken seriously?

WIND FARM DEBATE CONTINUES IN BROWN COUNTY

SOURCE WGBA NBC 26, www.nbc26.com 8 July 2010

Wind Turbines is again a controversial topic in the southern Brown County community of Hollandtown. At the core of the issue, plans to have turbines dotting farmland cross Brown County. Opponents like Carl Johnson say it’s bad for property values and even worse for your health. “Contracts get signed with people who will host turbines before other people in the community know what is happening and have any say in that.”

Invenergy hopes to build 100 industrial turbines in the county. The company says 120 landowners have already signed up. It already has wind farms up in Dodge and Fond du Lac counties. Invenergy’s senior development manager says those projects are safe and they bring in money paying landowners and taxes.

Johnson says not everyone is on board. “They see them as symbols of America’s progress toward energy independence, but beneath those turbines there are some serious problems regarding health and safety and water resources that really everyone in the state needs to be concerned about.”

SECOND STORY:

Click on the image below to hear Dick Koltz speak about why he wants out of his wind contract


“I just feel they could have been more on the up and up some of the people they sent around just outright lied to a lot of the people.”

-Dick Koltz

WIND TURBINE CONTRACT DISPUTE

SOURCE: WGBA NBC 26, www.nbc26.com

July 8 2010

As Dick Koltz takes a ride through his farmland he says he can’t imagine the sight of a wind turbine on his property.

“The more I dug the more I learned, there are many questions, health, safety.”

But before he did his research, Koltz signed a contract with Invenergy to put a wind turbine on a portion of his land. Invenergy management says the turbines are safe and create revenue for landowners and taxes for the county. But it’s a decision Koltz says he now regrets and is trying to reverse.

“I just feel they could have been more on the up and up some of the people they sent around just outright lied to a lot of the people.”

Koltz joined others at this meeting sponsored by Brown County Citizens for Responsible Wind Energy, to hear more about the effects of wind turbines on the proposed wind farm Invenergy wants to build in southern Brown County.

“Beneath those turbines there are some serious problems regarding health and safety,” says Carl Johnson who is against the proposed wind farm.

Questions Koltz wishes he had asked before he signed a contract for a turbine on his farm.

“I’m not anti anything good, but I don’t think this is good, I just can’t see the benefit when the cost is so high.”

THIRD FEATURE

STUDY OUTLINES WIND TURBINE CONCERNS. DR. PIERPONT: 14% OF RESIDENTIAL DWELLINGS WILL BE ADVERSELY AFFECTED

SOURCE:The Journal, www.ogd.com

July 9 2010

By Matt McAllister,

HAMMOND – The author of “Wind Turbine Syndrome: a Report on a Natural Experiment” told the Hammond Wind Committee on Monday that 14 percent of the town’s residential dwellings will be adversely affected if the entire wind overlay zone is filled with wind turbines.

Nina Pierpont, MD, PhD, a Malone physician who received her master’s degree from John Hopkins University and a doctorate in population biology from Princeton University, told the committee, “I was specifically trained to do research on free-living, uncontrolled animal populations, including methods for structuring observations to turn the observations into quantitative and analyzable data.

“I used this research training in my study of wind turbine health effects to structure and analyze the information I gathered from affected people. I used my classical medical training from John Hopkins to actually gather the information.

“A good patient history, we were taught, and my experience has borne out, provides a doctor with about 80 percent of the information he needs to diagnose a problem. I conducted thorough, structural clinical interviews of all my study subjects, directly interviewing all adults and older teens, and interviewing the parents of all child subjects,” she said.

According to Wikipedia’s website, “Dr. Nina Pierpont, a New York pediatrician, has said that noise can be an important disadvantage of wind turbines, especially when building the wind turbines very close to urban environments. She says that wind turbines may produce sounds that affect the mood of people and may cause physiological problems such as insomnia, headaches, tinnitus, vertigo and nausea.”

Critics have suggested that Dr. Pierpont’s research, theories, and self-published book are unscientific and included only a handful of study subjects, while others agree that wind turbines actually do have adverse effects on the health of people living in proximity to them.

The predictions she made for the Hammond community, along with a map she constructed outlining 2010 residential dwellings within 1,500 meters of the wind overlay zone and recorded wind leases, contained some eye-openers.

* “You can estimate that 152 households in Hammond Township would be affected in the wind overlay zone and the 1,500 meter buffer, assuming the entire wind overlay zone had turbines in it.”

* “Using the number of 2 percent of households likely to have to move away from the turbines, you can estimate 21 out of the 152 affected households having to move, and estimate the monetary costs to these households and to your town. From your population number of 2635, all ages, you can estimate 316 are highly likely to be affected on the basis of 12 percent of Americans having migraine disorder.”

* “Children do not have to be excluded from this number because they, too, have inherited migraine tendencies. In my study, I found that the children of adults with migraine were affected like the adults with migraine in terms of their susceptibility to headaches around wind turbines.”

* “You can also see that you have a population of 766 over age 55, and a population of 146 age 5 and under, both groups likely to have higher numbers of affected people.”

Attempts to contact several members of the wind committee for comment or reaction to Dr. Pierpont’s presentation were unsuccessful.

The wind committee meets next on July 21 at 6:30 p.m. at Hammond Central School. David B. Duff, committee facilitator, says representatives from Iberdrola Renewables Inc. will be in attendance for a presentation.

Subjects to be discussed, according to Mr. Duff, include the development process, permitting, interconnection, engineering, potential sound issues, and issues related to real property taxes.

A “roundtable” discussion is to follow Iberdrola’s presentation, Mr. Duff said, with several local agencies and groups participating, including representatives from the St. Lawrence County Planning Office, St. Lawrence County Industrial Development Agency, St. Lawrence County Real Property Tax Office, Hammond Central School and Concerned Residents of Hammond, as well as from the Hammond town and planning boards.

“The intent of such a forum will be to develop a clear understanding of the developer’s plans, as well as to further determine the role and interaction of the town, county, and school district and/or others involved in this process,” Mr. Duff said.

SECOND FEATURE:

 

WHAT'S THE LATEST? 

IN THE NEWS:

-LANDOWNERS WISE-UP ABOUT THE WAYS OF WIND DEVELOPERS

-WHO PAYS FOR THE HIGH COST OF "FREE" WIND?

-WHO MAKES ALL THE MONEY FROM "FREE" WIND?

FROM THE WIND SITING DOCKET:

Click here to download testimony submitted to the PSC by Kevin Kawula regarding wind turbines effect on weather radar, birds and bats, CO2 emissons, and more. The PDF includes photos and graphs.

HAVE YOU REACHED OUT AND TOUCHED YOUR PSC TODAY?

The PSC took public comment on the recently approved draft siting rules until the July 7th, 2010 deadline.

The setback recommended in this draft is 1250 feet from non-participating homes, 500 feet from property lines.

CLICK HERE to go to the PSC website, then type in docket number 1-AC-231 to read what's been posted.



7/8/10 Meet Me at Van Ables: Brown County is Getting the Word Out: The trouble with siting industrial scale wind turbines 1000 feet from homes

Wind Farm Meeting Tonight in Holland

SOURCE: Greenbay Press Gazette

July 8, 2010

By Jon Styf

A group that has opposed a proposal to build a 100-turbine wind farm in southern Brown County will host what it calls an informational meeting tonight in Holland.   

Chicago-based Invenergy LLC has proposed the wind farm in Morrison, Glenmore and Wrightstown. It is waiting to resubmit its application until the guidelines are approved by the PSC.

The Brown County Citizens for Responsible Wind Energy has organized tonight's meeting scheduled for 6:30 at Van Abel's of Hollandtown, 8108 Brown County D in the town of Holland.

CLICK HERE TO VISIT THE BCCRWE WEBSITE

CLICK HERE FOR MAP TO VAN ABLES

7/7/10 A second opinion: Brown County Doctor's testimony regarding turbine related health impacts.

Click on the image above to hear a sworn statement regarding turbine related impacts to human health. Dr. Herb Coussin's June 30, 2010 testimony to the Public Service Commision, June 30, 2010


TRANSCRIPT

EXAMINER NEWMARK: All right. Let me  swear you in.

 HERB COUSSONS, PUBLIC WITNESS, DULY SWORN

EXAMINER NEWMARK: Have a seat. Just state your name and spell your last name for us.

DR. COUSSONS: It's Herb Coussons, C-O-U-S-S-O-N-S.

EXAMINER NEWMARK: I'm going to start  the timer. Go ahead.

DIRECT TESTIMONIAL STATEMENT

DR. COUSSONS: I'm Herb Coussons, M.D. I'm a physician. I live in the town of  Wrightstown in Brown County and I have been  practicing in Green Bay for eight years, in private practice for 15 years, women's health and  primary care, mainly.

 I also have an interest -- a special interest in spatial disorientation because I'm an aerobatic and commercial pilot.

I've studied the literature and listened to the testimony of both affected and non-affected  residents of the wind turbine projects, and I'm  concerned that any setbacks of less than half a  mile will have adverse consequences on the people  that live near them, primarily because of noise --with noises in those shorter setback ranges over 45 and approaching 55 decibels.

I believe that based on currentliterature and testimony of others that any levels  above 40 decibels will cause chronic sleep disturbance in up to 50 percent of the people that live close to them.

By increasing the setback, noise deteriorates over distance, and this would alleviate some of these problems.

 I've heard Dr. McFadden speak from the Wind Siting Council, and I agree that there is no causal evidence now to directly link turbines to  health problems, but I do know that noise such as that measured as audible and dBC will disturb sleep.

And exhaustive literature support shows that extensive disturbed sleep does have an adverse impact on health, primarily in the areas of hypertension, cardiac disease, weight gain, diabetes, lowered immunity, increased problems with falling asleep, accident rates, and maybe  even poor school performance.

 I'm afraid that so far what I've read from the PSC, the Siting Council, and the legislature has been willing to proceed without finding out if there is truly a causal relationship and, if so, what can be done about it.

Sample studies such as home sleep studies, like those done for sleep apnea patients, can provide some direct evidence of people living in wind turbine areas currently. Evaluations such as lab and sleep data on both wind and control patient -- patients that suffer from wind problems as well as those who live outside of turbine areas can also provide much needed information.

Otherwise we're doomed to repeat the same experiment as other wind projects in Wisconsin, around the United States, and the world.

I'm also concerned that by stating that there is no proof of adverse health consequences, as Dr. McFadden has in his presentation, that we give the media, the less informed in the wind industry, license to lie about safety.

In the Brown County Board of Health meeting, Invenergy, a wind developer in the state, stated that due to studies in Wisconsin, wind was safe and beneficial. When paired with Dr. McFadden's conclusions, there seems to be no argument against the industrial wind turbines. But there are no good trials that support their relationship and, if so, what can be done about it.

  In the Brown County Board of Health  meeting, Invenergy, a wind developer in the state, stated that due to studies in Wisconsin, wind was safe and beneficial.

When paired with Dr. McFadden's conclusions, there seems to be no argument against the industrial wind turbines. But there are no good trials that support their statement or the safety of industrial wind turbines.

 It is equally wrong to claim safety  based on the literature. It was misleading and there is more case report data showing deleterious effects than beneficial case reports.

In the drug industry, the manufacturers of drugs are required to provide safety information at their own expense prior to  releasing drugs in the market. The FDA and governmental oversight regulates this, and I think that the same model could be used with the wind industry as well, as the expense to have some of these studies may be overwhelming for our governmental agencies.

Not only do the health issues concern  me, but the economics of wind energy do not make  sense. In Europe, Canada, and now the U.S., government subsidies and increased power rates are the only way to make it a viable industry.  Reports from Europe continue to caution  the U.S. to not go down the road of heavily subsidized alternative energy pathways.

I may disagree with that and I may believe that subsidies are an acceptable cost, but human health is not an acceptable cost.

The effect on adjoining property rights and values is also disturbing. I own 40 acres in Brown County and live there. My sister and brother-in-law put a house on the market in southern Brown County and had an accepted offer on the house pending the sale of another home. As  soon as the groundswell of words about the wind  industry came, they withdraw their offer, and in the past six months, they've had no lookers.

In conclusion, the wind industry itself in the Beech Ridge project said that setbacks up to a mile would mitigate complaints from sound and shadow flicker. The World Health Organization said sound sleep -- on sound sleep and health stress that a plausible biologic model is available with sufficient evidence for the elements of a causal chain. Thank you.

EXAMINER NEWMARK: Thank you.

COMMISSIONER AZAR: Judge, I want to ask a few questions. I don't usually do that.

EXAMINER NEWMARK: We haven't been doing  that yet.

COMMISSIONER AZAR: Okay. Then never mind.

DR. COUSSONS: It's fine with me.

EXAMINER NEWMARK: I have been asking a few questions of witnesses, so I can allow that
 for now.

COMMISSIONER AZAR: I just have a question with regards to epidemiological studies, which is what I've been hearing a lot about thus far, and the fact that there's a lack of evidence in epidemiological studies.

DR. COUSSONS: Right.

COMMISSIONER AZAR: If you could describe sort of how -- how do I even ask this question? I would imagine there needs to be a lot of folks that are affected for something to essentially hit on the radar with regards to an epidemiological study.

DR. COUSSONS: Possibly, but not necessarily. I mean -- and you know, it depends on, well, if you have a thousand people in our community, and if I use that for an example -- or I'm not sure how many live in the Fond du Lac area, but that development down there. But if you3 have a thousand people and in self-reported comments or publications or surveys or things like that, if 15 or 35 or 45 percent are self-reported that's still not an epidemiologic, you know, study as far as a cause-and-effect type of thing.
But it's almost impossible to design that kind of study, because how can you sort of blind someone that they're living in this noise environment? You know, it's very impossible. And so from a medical standpoint, you know, after talking with Dr. McFadden, I feel like self-reported is all that we have to go on.

But if we do self-reported and try to get some objective data, like home sleep studies in their natural surrounding about people that do report problems, do the same types of studies on people in the area that don't report problems, and then  back up a mile, a quarter -- you know, a half a mile, five miles and do the same studies, you can show some kind of link to noise and sleep disturbance.

 It would take 20 years to show cardiac effect, you know, or hypertension or weight gain or diabetes, and we don't have time for that. We  don't have the time or the money or resources to do it.

 But I think a short-term study based on distance, some objective data with some self-reported data would be -- I think it would be very telling on adding some validity to some of these people's concerns. And maybe even small numbers. Maybe 20 or 40 people in each group.

COMMISSIONER AZAR: Great. Thanks.

EXAMINER NEWMARK: All right. Thank you very much.

DR. COUSSONS: Thank you.

6/24/10 DOUBLE FEATURE: Brown County wants PSC to look more closely into health and safety issues AND Gag me with a contract: Will you accept $15,000 from a wind developer in exchange for your legal right to complain about the ability to use or enjoy your property, nuisance, injury or harm to persons, anxiety, suffering, mental anguish and loss of ability to enjoy life"? 

BROWN COUNTY TOWNS URGE MORE STUDY OF WIND FARM SITES

SOURCE: Greenbay Press Gazette

June 24, 2010

By Tony Walter

 The elected officials of three southern Brown County towns will ask the Public Service Commission to take more time to study possible health and safety issues before approving wind turbine siting rules.

Comments from town supervisors and residents in the towns of Morrison, Glenmore and Wrightstown will be delivered to the PSC's Wind Siting Council next week. A joint meeting of the three town boards was held Wednesday.

Meanwhile, the county's Human Services Committee unanimously approved a resolution supporting the Board of Health's recommendations that turbines not be built in areas where the fractured bedrock and thin soil could lead to groundwater contamination. The resolution will be considered by the County Board at its July 21 meeting.

Invenergy LLC, a Chicago-based company, has proposed to build a 100-turbine wind farm in Morrison, Glenmore and Wrightstown. It is waiting to resubmit its application until the guidelines are approved by the PSC.

Supporting Invenergy's plans are those who say sustainable energy must be encouraged.

The Wind Siting Council released a draft of rules in May and is holding meetings statewide to hear public comments.

Glen Schwalbach, a supervisor for Rockland, has been hired by the three towns to present the comments to the PSC. He isn't addressing the Invenergy proposal specifically but wind turbines in general.

Comments from town supervisors and residents in the towns of Morrison, Glenmore and Wrightstown will be delivered to the PSC's Wind Siting Council next week. A joint meeting of the three town boards was held Wednesday.

In his presentation to about 35 area residents Wednesday, Schwalbach cited three major points: 

  • Potential health dangers to humans and animals should be studied further before rules are approved. 
  • The Wisconsin Department of Natural Resources should take a close look at the risk to groundwater.
  • A third party, paid by wind developers, should be employed to inspect the turbine construction process.
  • The Human Services Committee spent little time discussing the Board of Health's recommendations before approving it on a voice vote.

    Bill Hafs, the county's Land and Water Conservation director, told the committee that the proposed 81 miles of trenching to construct the Ledge Wind farm could impact groundwater in an area where dozens of wells were contaminated in 2006.

    The resolution calls for a maximum 30-decibel level outside any occupied structure at night, and construction of turbines at a minimum of 2,640 feet from structures.

    "The Board of Supervisors recommends that no wind turbines be constructed in unincorporated areas of Brown County until … wind siting rules are enacted and in force," the resolution concludes.

    Invenergy has contracts with several property owners to construct wind turbines on their land, paying about $8,000 per year to the landowners.

    Find out more about what's happening in Brown County by visiting the Brown County Citizens for Responsible Renewable Energy website at BCCRWE.COM

  •  SECOND FEATURE

    The letter below was submitted by a resident of the Ashtabula wind project to Jerry Lien a staff analyst for the North Dakota Public Service Commission. It details how NextEra (formerly Florida Power and Light Energy) opted to address the problems of noise and shadow flicker caused by the Ashtabula Wind Energy facility.     

    Wind project residents in Wisconsin have been telling similar stories about what happens when they complain to wind project developer/owners about noise and shadow flicker. Also included here is the contract offered by NextEra to the non participating landowners.


    [TO] Jerry Lien
    North Dakota Public Service Commission

    Greetings Jerry,

    I appreciate your attention to this matter of the effects of living next to wind turbines. As was discussed in our phone conversation, Next Era Energy is not offering to repair the damage or fix the problem of the noise and shadow flicker imposed on our home, business and property.

    They merely want to pay us to accept it. They say we can use the payment to fix the problem ourselves. In order to receive the payment, we must accept this contract as offered, which I have attached to this letter [below]. This contract, as you can see, is a release for the company to negatively affect us.

    Furthermore, this contract has more wording in it about keeping quiet about the whole issue than solving the problem. Also you can see that it will be binding on us and our property in any future issues.

    $15,000 as a payment is not going to fix this problem. We did not ask for money from this company but requested a relief to the problem at hand.

    Scott Scovill from Next Era, suggested for us to buy trees with the money. Trees will not block the effects because they are not tall enough and may take up to twenty years before they would grow even fifty ft. tall.

    One solution we suggested was to turn the offending turbines off only during the time they cause shadows. That suggestion was answered by Scott bluntly saying "we're not shutting them off".

    Since then Scott or any other Next Era representative has not returned our phone calls.

    Mary Ann and I cannot sign on to a contract of this nature. Our attorney advises against it as well. We are not willing to release to the company our property and enjoyment of our home so they can cause noise, shadow flicker, interference, diminishment of property value and the effects acknowledged in their contracts.

    We are now suffering from these problems as a result of the decision to allow this irresponsible siting of wind towers too close to our farm.

    By reviewing the project you can see there are about four or five turbines to the east of our farm that are causing blinking shadows up to and hour and a half per day for at least 12 weeks of the year. The shadow effects across the windows of our offices are severely disruptive to our business.

    How does the Public Service Commission plan to deal with our issue?

     Is this going to be allowed in every wind farm project in the future? Is it going to be allowed that a large out-of-state company negatively impact a local business? Are the residents of this state expected to sell - (quoted from the contract) "the ability to use or enjoy your property, nuisance, injury or harm to persons, anxiety, suffering, mental anguish and loss of ability to enjoy life"?

    I would like a response to these questions.

    It has been brought to my attention that Next Era representatives have been spreading a lie that we knew this wind farm project was planned before we purchased our property here in Griggs County. This is a false statement and can be proven. We were living on our farm when we were invited to the first meeting of this project.

    I request that you make this contract and my letter part of the public record.

    Sincerely,
    Jim Miller


    RELEASE

    THIS RELEASE ("Release") is made as of the _____ day of _____________, 2010 by and between Ashtabula Wind II LLC, a Delaware limited liability company ("Company") and __________________________________, ("Owner") (hereinafter collectively the "Parties") upon the terms and conditions set forth below:

    RECITALS:

    WHEREAS, Owner is the owner of a certain tract of land located in Griggs County, North Dakota legally described on the attached Exhibit A ("Property") and incorporated herein; and

    WHEREAS, Company owns and operates the Ashtabula Wind Energy Center ("Wind Farm"), a wind farm which is adjacent to the Property; and

    WHEREAS, Owner notified Company that they are experiencing problems with shadow flicker at their residence on the Property.

    NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein, the Parties hereby agree, as follows:

    The recitals are true and correct and are incorporated in this Release by reference.

    Company shall pay to Owner the one-time amount of Fifteen Thousand Dollars ($15,000.00), payable on or before March 31, 2010, for any and all shadow flicker related to the Property, caused or alleged to be caused by the Wind Farm stemming from, related to or attendant to the operation of the Wind Farm by Company, its parent companies, affiliates, successors, assigns, related companies including but not limited to interference with glare, shadow flicker, diminishment of the value of the Property, the ability to use or enjoy the Property, nuisance, and any injury or harm to persons, including but not limited to anxiety, suffering, mental anguish, loss of the ability to enjoy life, or any other harm or wrong, tort, intentional or negligent conduct stemming from, related to or consequent to shadow flicker from the Wind Farm whether claimed or not claimed, including all claims that could have been brought, or which hereafter might be brought by Owner or any of their successors and assigns.

    The matters settled and released pursuant to this Release include all matters, claims, causes of action, and disputes of any nature whatsoever within the authority of the Parties (including third-party claims, indemnity claims, contribution claims, direct and derivative claims, and any other claims held in any capacity) whether or not fully accrued, relating to or arising out of the interference on the Property. The foregoing matters described in paragraph 2 are referred to hereinafter in this Release as the "Released Matters."

    The Parties, each for itself and its directors, officers, agents, and/or representatives, hereby expressly and unconditionally release and discharge one another, and their respective directors, officers, agents, representatives, employees, agents, successors and/or assigns, from any and all obligation, liability or responsibility arising from or as a result of the Released Matters.

    The execution of this Release shall not be construed as an admission by any Party as to the validity or invalidity of any other Party's position with reference to the issues resolved in this Release and neither party shall, directly or indirectly, seek to take or advance any position before any court, agency, or administrative tribunal, predicated in whole or in part on any term or condition of this Release except in connection with an action to enforce this Release or the terms or conditions thereof.

    The fact of settlement, the amount, nature of terms of the Release, and this Release are to are to remain strictly, totally and completely confidential and any breach of the terms of this Release shall entitle the non-breaching Party to seek all equitable relief as well as monetary damages from Owner.

    The Parties agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the other party, its employees, directors, and officers.

    The Parties acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and clients.

    Either Party, if approached, has the right to state "we had an issue and that the issue has been resolved to our satisfaction."

    The Release may not be modified or amended except by a written instrument signed by all the Parties hereto.

    In the event of litigation arising out of or in connection with the enforcement of this Release or any dispute arising out of this Release, the prevailing party shall be entitled to recover all reasonable attorneys' fees, costs and incidental expenses incurred in connection with such litigation proceeding, including all costs or fees incurred on appeal.

    The provisions of this Release shall be governed by North Dakota law.

    This Release shall be binding upon the predecessors, heirs, successors, and assigns of each Party.

    EXECUTED on the dates appearing below their signatures by the Parties' undersigned officers, duly authorized.

    Company:
    Ashtabula Wind II LLC,
    a Delaware limited liability company

    By: ________________________________________
    Name: Dean R. Gosselin, Vice President
    Date: ________________________________________

    Owner: ________________________________________
    Name: ________________________________________
    Date: ___________________________________
     

    

    HAVE YOU REACHED OUT AND TOUCHED YOUR PSC TODAY?

    The PSC is asking for public comment on the recently approved draft siting rules. The deadline for comment is July 7th, 2010.

    The setback recommended in this draft is 1250 feet from non-participating homes, 500 feet from property lines.

    CLICK HERE to get a copy of the draft siting rules approved by the commissioners on May 14th, and to find out more about the Wind Siting Council

    CLICK HERE and type in docket number 1-AC-231 to read what's been posted so far.

    CLICK HERE to leave a comment on the Wind Siting Council Docket