Entries in wind farm setbacks (66)

3/5/11 How close is too close? Gophers join Badgers in push for setbacks from property lines instead of homes AND Ontario courts play 'hot potato' with wind issue AND Wind Developers to Rural Town: Um, 'bribe' is kind of an ugly word, isn't it? Let's call it " a contribution"

From Minnesota

BILLS INTRODUCED TO TOUGHEN WIND FARM REQUIREMENTS

The first proposal would prohibit wind turbines from being built within a half mile of a homeowner’s property line in a township where there are at least 3 1/2 homes per square mile.

SOURCE The Post-Bulletin, www.postbulletin.com 

March4,  2011 By

Heather J. Carlson,

ST. PAUL — Two lawmakers introduced a pair of bills yesterday that would place new restrictions on wind farm developments.

Reps. Tim Kelly, R-Red Wing, and Steve Drazkowski, R-Mazeppa, are backing the bills. The first proposal would prohibit wind turbines from being built within a half mile of a homeowner’s property line in a township where there are at least 3 1/2 homes per square mile. The second bill would no longer allow larger wind farms to qualify for Community-Based Energy Development (C-BED) status. That status allows wind companies to charge utilities premium rates for the energy they produce.

Kelly said he supports alternative energy, including wind, but there need to be more protections in place for landowners and utility ratepayers. In particular, he said he is concerned about large wind companies with limited ties to Minnesota getting the C-BED status, which allows them to build in areas that may not otherwise make economic sense.

“I really have a problem with the way that (C-BED status) has been hijacked. It’s been manipulated,” Kelly said.

From Ontario

ANTI-TURBINE ACTIVIST STANDS FIRM

“It seems that both bodies are trying to pass the buck. Meanwhile, there’s no justice for the people who are suffering physically from the presence of the turbines. There’s no justice.”

SOURCE: Better Farming, www.betterfarming.com

March 4, 2011

By Pat Currie,

An appeal of a Chatham-Kent wind power development continues despite this week’s defeat of efforts elsewhere in Ontario to overturn a provincial law governing distances between wind turbines and dwellings

Don’t count it as a legal watershed for battles over other wind farm proposals.

That’s a Chatham-Kent anti-turbine activist’s perspective of the Ontario Divisional Court’s decision this week to quash a challenge to provincial law that sets minimum distances between power-generating wind turbines and human habitations.

“All I see is one court passing the buck to another,” said Monica Elmes, speaking for the Chatham-Kent Wind Action Group. The group is appealing approval of Suncor Energy’s proposed Kent Breeze wind farm project near Thamesville, about 20 kilometres northeast of Chatham, on the grounds it is a health hazard.

Suncor is proposing to place eight turbines on farmland to generate 20 megawatts of power.

The Ontario Environmental Review Tribunal (ERT) is hearing the appeal. It has been shifting proceedings back and forth between Chatham and Toronto since early February.

In the Ontario Divisional Court’s decision, issued Thursday, three judges wrote that they did not consider it the proper jurisdiction to rule on the constitutionality or wisdom of the province in setting the 55-metre setback.

“I find it kinda funny – the MOE (Ministry of the Environment) lawyers at first said that Ontario Divisional Court was where the challenge should be heard and now the court is saying it should be heard by the ERT,” said Elmes.

“It seems that both bodies are trying to pass the buck. Meanwhile, there’s no justice for the people who are suffering physically from the presence of the turbines. There’s no justice.” BF

From Maine:

WIND FARM DEVELOPER OFFERS $120,000 TO SAVE TEACHING JOBS

“One of the PTA members looked at him — and this was in the middle of the budget stress they were having — and said, ‘Do you have $120,000?’” he said.

“Tom wasn’t able to say yes or no at that point, but we thought about it and we’d be happy to help out, basically, if we can go forward with our wind project for Woodstock this spring,”

Sun Journal, www.sunjournal.com

March 5, 2011

By Terry Karkos, Staff Writer,

WOODSTOCK — A Massachusetts-based wind developer announced early Friday evening that it has offered to donate $120,000 to SAD 44 to save three teaching jobs at Woodstock Elementary School.

Todd Presson, chief operations officer of Patriot Renewables LLC in Quincy, confirmed the gift but was unsure of the process that either the school district or town must go through to use the money as intended.

“We had been looking for ways for a while now at becoming part of the community of Woodstock, where we’ve been for a couple of years developing (a wind farm),” Presson said.

On Oct. 5, 2010, the Maine Department of Environmental Protection approved a land-use permit for Patriot Renewables to build 10 wind turbines and the necessary power lines and access roads along the ridgeline of Spruce Mountain.

Presson said the project coordinator, Tom Carroll, attended a few meetings of the school’s Parents-Teachers Association, and asked if there was anything the company could do to work with the community.

“One of the PTA members looked at him — and this was in the middle of the budget stress they were having — and said, ‘Do you have $120,000?’” he said.

“Tom wasn’t able to say yes or no at that point, but we thought about it and we’d be happy to help out, basically, if we can go forward with our wind project for Woodstock this spring,” Presson said.

He said the company has money budgeted and allocated for legal challenges.

“As long as we don’t have any further legal challenges, we can use that money to help the school out, but it sounds like something we should be behind and we’d like to be behind,” Presson said.

He said that on Feb. 4, the Maine Board of Environmental Protection denied an appeal by Friends of Spruce Mountain against approval of Patriot’s estimated $37 million Spruce Mountain Project.

By the end of next week, a 30-day period to appeal that decision to the Maine Supreme Judicial Court expires, Presson said.

David Murphy, SAD 44 superintendent, declined comment Friday evening on the donation, saying he hadn’t been aware of it.

But Linda Walbridge, director of the Western Maine Economic Development Council in Paris, said the money would save three teaching jobs cut earlier this year.

3/2/11 Wisconsin PSC wind rules suspended AND No turning, no problem--the money will roll in anyway AND why does big wind make grid guys nervous?

NOTE FROM THE BPWI RESEARCH NERD: Click on the image below to see members of the wind siting council dismiss safety concerns while creating setback guidelines for Wisconsin.

Yesterday, a joint committee that reviews administrative rules suspended the wind rules created by the PSC "on the basis of testimony it received at its February 9, 2011" and on the grounds that the PSC rules "create an emergency relating to public health, safety or welfare"  and are "arbitrary and capricious" and "impose undue hardship on landowners and residents adjacent to wind turbine sites."

 CLICK on image below to watch TV report on the rule suspention SOURCE: FOX 11 NEWS

STATE LAWMAKERS DENY PROPOSAL FOR NEW WIND ENERGY SYSTEMS

SOURCE: The Badger Herald, badgerherald.com

March 1, 2011

By Maggie Sams,

“The purpose of this hearing was not about whether wind is effective but whether this rule by the PSC was reasonable or not.

We are trying to balance the needs of industry workers and health-concerned citizens,” JCRAR co-chair Rep. Jim Ott, R-Mequon, said.

“The biggest issue we heard came from testifiers at the hearing that 1,250 ft. is too close and will result in shadow flicker and noise issues.

The health issue from testimony was the determining factor in my vote.”

To the dismay of wind energy advocates, a state legislative committee suspended enacting a rule that would have implemented statewide wind energy production regulations.

The rule would have standardized regulations concerning the construction of wind turbines in the state of Wisconsin. It also included regulations to address issues like noise level and shadow flicker.

Another part of the rule would mandate setback distances between turbines and adjacent, non-participatory properties to equal three times the maximum length of the turbine blade — roughly 1,250 feet. Turbines would only have to be one blade length away from the property hosting it.

Republicans on the Joint Committee for Review of Administrative Rules said they voted against the rule in the interest of citizen health and well-being.

“The purpose of this hearing was not about whether wind is effective but whether this rule by the PSC was reasonable or not. We are trying to balance the needs of industry workers and health-concerned citizens,” JCRAR co-chair Rep. Jim Ott, R-Mequon, said. “The biggest issue we heard came from testifiers at the hearing that 1,250 ft. is too close and will result in shadow flicker and noise issues. The health issue from testimony was the determining factor in my vote.”

Although the vote to suspend the wind-siting rule pleased many homeowners living near turbines, it upset wind energy activists. Those who were in support of the rule believed it would have provided a boom to the economy and help create jobs.

“Creating uniform regulations for the state of Wisconsin would have brought hundreds, if not thousands, of job opportunities to the state,” Clean Wisconsin Program Director Amber Meyer Smith said. “With the return to local regulation we have jeopardized at least eleven prospective clean energy projects.”

Not only did advocates claim Wisconsin would lose jobs, but many also said they feared Wisconsin’s wind industry would move to surrounding states.

Rep. Gary Hebl, D-Sun Prairie, echoed concerns that the committee’s vote to suspend the rule was a major setback for the wind industry.

“We have developers of alternative energy — in this case wind — that have been given a kick to the gut. These folks who were going to create jobs are now going to have to go to different states,” Hebl said. “Not only would this have created hundreds of jobs, they would have been green jobs. It would have been a win-win.”

The rule would have become effective March 1, but the JCRAR chose to have another hearing to suspend the wind-siting rule after a long and passionate hearing on the rule Feb. 9.

“We heard nearly nine hours of testimony during February’s hearing,” Ott said. “Based on the testimony — some pro and a lot of con — we decided to hold a motion to suspend the rule. This is a situation where the legislature is exercising its oversight of a public agency.”

The committee voted 5-2 along party lines. The committee normally has ten voting members, but two of the 14 Democratic senators in Illinois to prevent a vote on the budget repair bill did not attend, and one Republican was on leave for unknown reasons.

COMMITTEE SUSPENDS RULE GOVERNING PLACEMENT OF WIND TURBINES

SOURCE: Journal Sentinel, www.jsonline.com

March 1, 2011

By Thomas Content

A legislative committee voted Tuesday to suspend rules adopted by the state Public Service Commission last year regarding the placement of wind turbines.

The 5-2 vote by the joint committee that reviews administrative rules means there are now no statewide standards in place governing setbacks – the minimum distance between a turbine and a nearby home – and other permitting requirements for wind turbines on small wind projects.

In a debate that has pitted economic development opportunity against concerns about property rights, wind energy supporters argued in favor of the rule while critics of wind power projects contended it was not restrictive enough.

The PSC rule, finalized in December, would have taken effect Tuesday if the vote had failed.

Jennifer Giegerich of the League of Conservation Voters expressed disappointment with the vote, saying it sends the wrong message on job creation at a time when the wind components industry in the state has been expanding.

“Now we’re back to where we were two years ago when wind developers said Wisconsin was an unfriendly place to build,” she said.

The full Legislature must follow up on the committee’s vote by passing a bill to throw out the PSC rule. A bill under consideration would send the matter back to the PSC for revision, giving the agency seven months to complete that work, said Scott Grosz, a state Legislative Council attorney.

Sen. Leah Vukmir (R-Wauwatosa) said the PSC rule was tantamount to “a government-sanctioned taking because it reduced the value of property for nonparticipating landowners without their consent and without compensation.”

But Rep. Fred Kessler (D-Milwaukee) said all energy choices are controversial, including coal, and it’s important for the state to support wind energy.

“This is the next generation of technology,” he said. “Why would we not be supporting this when they say if you suspend these rules they’ll just go to another state.”

The American Wind Energy Association said the PSC rule was restrictive enough, given that it set specific noise limits and restrictions on shadow flicker in addition to turbine distance setbacks.

“These rules were developed collaboratively by the wind energy industry and all major stakeholders in Wisconsin, based on input from six public hearings and two years of information gathering, to protect the interests of all involved parties,” said Jeff Anthony, director of business development at the American Wind Energy Association and a Wisconsin resident.

But Bob Welch, a lobbyist for the Coalition for Wisconsin Environmental Stewardship, which represents groups that have been fighting wind projects, said his constituents need a “fair hearing” at the PSC. “As far as those who want to build wind turbines in Wisconsin, all they’ve got to do is treat their neighbors fairly,” Welch said. “Property rights need to be protected.”

SECOND FEATURE:

WHY AREN'T LACKAWANNA WINDMILLS TURNING?

SOURCE: wivb.com

 March 1 2011,

George Richert, 

LACKAWANNA, N.Y. (WIVB) – Have you noticed many of the new windmills along Route 5 are not working?

This isn’t the first time they’ve had mechanical problems, and we managed to dig up some hard numbers on just how much electricity they actually are generating.

In its first year, Steelwinds had to replace all of the gear boxes in the eight turbines. The next year, the blades had to be fixed. And for this entire winter, only half of the Lackawanna windmills have been working at any given time.

So we did some research to see just how much electricity these turbines have actually been producing. According to the numbers filed with the NY Independent System Operator, the eight Lackawanna windmills averaged about 40 Megawatt hours of electricity per year in 2008 and 2009. That’s enough to power almost 6,000 homes, and works out to about 23 percent of its capacity. 100 percent would only be achieved in a constant wind, with turbines that never needed maintenance, so 30 percent is the average capacity for a wind farm.

The bottom line is Steelwinds is putting out less electricity than an average wind farm, partly because of mechanical problems, but it has no effect what Lackawanna gets.

Mayor Norman Polanski said, “We still get our money from them, our $100,000 a year. Uh, but people call about them all the time, they want to know what’s going on.”

At the going rate for electricity, Steelwinds is still making over $2 million a year for the electricity it is generating. On top of that, its investors get an extra two cents a kilowatt for going green. So the investors that helped pay a million bucks to build each one of these turbines get $800,000 every year in federal tax credits.

Steelwinds has plans to build six more, but the company just notified Erie County that plans have been “delayed for several months” until next December because of “delays in completing all of the PILOT agreements, and other circumstances beyond Erie Wind’s control.” You can read the full letter here.

We reached the project manager and a Steelwinds spokesman weeks ago about this story, but they had no comment about any of it.

UPDATE: John Lamontagne of First Wind contacted News 4 Tuesday night with this explanation: “The turbines are currently down due to composite work being completed in the towers. Given the scope of work being done and the the harsh winter conditions, there has been a delay in returning the turbines to service. We expect the turbines to return to service in the near future.”

NEXT FEATURE:

 WIND SHORTFALLS MAKE GRID GUYS NERVOUS

Source: energyBiz: For Leaders in the Global Power Industry

March 2, 2011

By Ken Silverstein

When it comes to integrating wind into the transmission lines, system operators say that they are challenged. While they understand and appreciate the reasoning, they are saying that the networks lack the flexibility to handle wind variation. 

Green energy has a lot of public appeal. But the intermittent nature of wind and solar power coupled with the relatively higher costs put the grid’s traffic cops in an untenable position. Those are the fellows whose job it is to schedule the resources to where they need to be so that the electricity keeps flowing. Their task is to maintain that reliability with the lowest-priced fuels. 
 
“We have to be truthful about what the impact will be,” says Jim Detmers, principal in Power Systems Resources and the former chief operating officer of the California ISO. “The devil is in the details. These new embedded costs will be significant.” Better communication with policymakers is essential. 

In the case of California, it now has 3,000 megawatts of wind. In a few years, that will be 7,000 megawatts. A few years later, it will be 10,000 megawatts. By 2020, the goal is to have 33 percent of electricity generated from renewable energy. “That’s making grid operators nervous,” says Detmers, who spoke at Wartsila’s <http://www.wartsila.com/en_US/about-us/overview>  Flexible Power Symposium in Vail, Colo. 
 
Simply, the wind does not blow on demand. Ditto for the sun. So these resources must be backed up with other, “dispatchable” forms of generation. But such “firming” or “cycling” creates two distinct issues: The first is that the power is not free and the second is that if coal plants are “cycled” up and down, they release more pollutants per unit of output than if they ran full steam ahead. 

No doubt, the price of wind and solar energy is falling while their productivity rates are increasing. But the technologies still have a ways to go. 

“If you are a grid operator, you must be dispassionate and follow the engineering,” says David O’Brien, former head of the Vermont’s Department of Public Service and now a consultant for Bridge Energy Group, during a phone call. “The best thing they can do is to provide the data to their stakeholders and to be an honest broker. But they have to ultimately accept the policy mandates.”

Public Demands
 
According to Steve Lefton, director of Intertek Aptek who also spoke at the Wartsila conference, those base-load coal units developed decades ago were never designed to firm-up wind generation. They were made to run at full capacity. So when they are used as such, they create excess emissions. 
 
As wind energy increases its market share, thermal plants can be expected to rev up and down more often. If coal is the main fuel source that is dispatched, it will decrease the emissions savings from wind. 
 
“The actual emissions reduction rates from wind are far less than what the lobbyists are touting,” if system operators do not have the flexibility to use cleaner backup fuels, says Brannin McBee, energy analyst for Bentek Energy <http://www.bentekenergy.com/> , a speaker at the conference. “Thermal plant cycling is also very expensive,” particularly if the older coal plants are used to firm up the wind generation. 
 
With the public demands to increase green energy growing, what might be an optimal firming fuel? The answer could be natural gas. Regulators tend to favor it because it releases far fewer emissions than coal while the price is expected to remain low at $4-$7 per million BTUs. 
 
Coal facilities without carbon capture and sequestration cannot get the permits to operate, says Doug Egan, chief executive of Competitive Power Ventures. And if the plants are built with such capacity they are too costly. Even those with coal gasification that nearly eliminate the sulfur, nitrogen oxide and mercury but which don’t capture and bury the carbon are prohibitively expensive, he adds. 
 
In recent years, developers have abandoned their plans to build 38 coal plants, says the Sierra Club <http://sierraclub.typepad.com/compass/2010/12/this-year-the-outlook-dimmed-for-coal.html> . Meanwhile, it says that 48 more can be expected to be retired. 
 
Natural gas is the most plausible option to firm up wind and solar. More than enough of it exists with the recent discoveries of shale gas, the unconventional source that is extracted from rocks more than a mile beneath the ground using hydraulic fracturing. That withdrawal technique, though, is under fire from some community organizations that say it is polluting their drinking water. 
 
The U.S. Environmental Protection Agency wants developers to voluntarily disclose the chemicals they are using as a way to ease tensions. Producers are balking for now, saying its exploratory methods are proprietary. 

“Fracking can be dealt with,” says Egan. “Producers will share their secret sauce. It will make it the process slightly less efficient. But a deal with get cut.” 
 
Managing a grid and keeping the lights on is difficult. Green energy’s role will increase but so too will the challenges associated with delivering it -- facts that must be relayed to policymakers and customers alike. Older coal plants present the most issues but the newer gas-fired generation may be more accommodating.

3/1/11 UPDATE 3:23PM: PSC WIND RULES SUSPENDED AND Packers Fan or Bears Fan, when it comes to living with turbines they are telling the same story AND 2 out of 3 PSC commissioners side with We Energies Fat Cats AND What do you mean three hours of sleep a night isn't enough? AND How green is a bird killing machine? Chapter 234


From the Joint Committee for the Review of Administrative Rules:

(Emphasis ours)

Motion on

Ch. PSC 128

That the Joint Committee for Review of Administrative Rules suspend Ch. PSC 128, pursuant to s. 227.26 (2) (d), Stats., effective March 1, 2011, on the basis of testimony received at its February 9, 2011 meeting, and on the grounds that the contents of Ch. PSC 128 create an emergency relating to public health, safety, or welfare; are arbitrary and capricious; and impose an undue hardship on landowners and residents adjacent to wind turbine sites as stated in s. 227.19 (4) (d) 2 and 6.  

COMMITTEE VOTES TO SUSPEND WIND-SITING RULES
SOURCE: WisBusiness.com

March 1, 2011

By Andy Szal

The Joint Committee for Review of Administrative Rules this morning voted to suspend wind turbine siting regs that were set to take effect today.


The committee voted 5-2 along party lines to suspend PSC rule 128 and now has 30 days to submit a bill repealing the measure to the full Legislature.


Rep. Gary Hebl, D-Sun Prairie, accused the majority of going around the normal legislative process and flip-flopping, since a number of Republicans supported the wind siting bill last session.


"This wasn't a flash in the pan, fly by night rule," Hebl said.


Sen. Leah Vukmir, R-Wauwatosa and the committee co-chair, said the committee had a duty to reconsider the PSC rule after lawmakers voiced concerns about the issue early in the new session. Rep. Dan LeMahieu, R-Cascade, added, "We didn't vote for the rule. We voted to give them the authority to promulgate a rule."


Rep. Fred Kessler, D-Milwaukee, said the bill would have a particularly detrimental effect on the wind turbine industry in Manitowoc.


"These jobs probably will go to other states," Kessler said.

 

SECOND FEATURE: Different state, same story: The trouble with wind turbines sited too close to homes. Above, shadow flicker in the home of an Illinois family, below stories from more families having trouble.

WIND FARM COMPLAINTS

Source: KWQC-TV6

March 1, 2011

"As the sun comes across the sky, it hits the turbine blades and causes this flicker," she said.

Nearby homeowners say it can go on for hours. "When it first happened, we felt there was something wrong with the electricity because it felt like every light was blinking,"said Barb Draper.

People crowded a meeting in Princeton, Illinois Monday night to express their concerns about wind farms. Residents packed into a meeting with the Bureau County Board of Appeals. Some want to put a stop to the proposed Walnut Ridge wind project. It would build 150 turbines over more than 15,000 acres and affect more than 75 landowners.

Others at the meeting are already surrounded by wind turbines from the Big Sky wind farm. They want the county and the companies to focus on issues caused by the current turbines. They complain that the turbines are noisy, cast flickering shadows that can cause seizures and even block television reception.

The Anderson family in rural Ohio, Illinois says it has turned their quality of life and turned it into living in an industrial park. THe nearest wind turbine is 1,750 feet from their home. Deb Anderson says ever since the turbines started running, their life hasn't been the same.

"As the sun comes across the sky, it hits the turbine blades and causes this flicker," she said.

Nearby homeowners say it can go on for hours. "When it first happened, we felt there was something wrong with the electricity because it felt like every light was blinking,"said Barb Draper.

"On, off, on, off as the blade caught the sun it made a very disturbing motion. It almost made you sick to your stomach." added Bob Draper.

Another problem that came up after the turbines were turned on is with their TV reception. The family says it varies, depending on the direction of the blades. Some days, the family gets 15-20 channels. During our visit, they could only get in two.

On top of that there's the noise that won't go away. These property owners say they understand the benefits of the wind farms. But they'd like the problems fixed before more wind turbines come into the area.

The wind power company has put up two antennas on their house, but the family says they didn't help. They company also offered them money to buy a better delivery system, like satellite TV.

Ryan Light in the Director of Renewable Energy for the Eastern Iowa Community College District. He says those are some of the drawbacks for people living near large wind farms.

"One effect we need to look at a little harder into is the flicker effect, which is the spinning of blades and shadow cast. For people with certain medical concerns it can cause seizures," Light said.

He says there are companies working to alleviate the radio interference with a new kind of blade and there is more research being conducted on noise reduction systems.

SPLIT DECISION FINDS WE ENERGIES DIDN'T EARN TOO MUCH

SOURCE: Milwaukee Journal Sentinel

March 1, 2011

By Thomas Content

In a 2-to-1 vote, state regulators ruled Thursday that We Energies won’t have to issue credits to its 1.1 million electricity customers for profit it earned in 2008 and 2009.

Commissioner Lauren Azar sided with customer groups that had called for the commission to vote to return money to customers, saying the commission should decided that the utility earned more than its maximum profit allowed the regulated utility – 10.75% in 2008 and 2009.

But commissioners Eric Callisto and Mark Meyer voted not to require any profits to be returned to customers. Meyer said it was inconsistent for the commission to be seeking to return profits to customers when a utility earns above its maximum profit level since the commission does not allow utilities to raise rates when utilities fail to earn as much in a given year as the profit level, or return on equity, set by the commission.

Over the past 10 years, utilities have more often earned less than their return on equity, Meyer said.

The debate at Thursday's meeting ended up boiling down to how Callisto and Azar interpreted whether management bonuses paid to utility executives should be included in the calculation of a utility’s profit.

Callisto said the commission specifically excludes management bonuses and incentive pay from being collected in utility rates and that the commission staff will be conducting an investigation of utility bonuses in upcoming rate cases.

He said his position in this case was consistent with how the commission interpreted the issue in setting new rules for how utilities can raise rates when fuel prices climb.

Azar, who wanted the issue of bonuses addressed in the new fuel rules last year, said she has not changed her view. She said she considered utility bonuses too high for a regulated utility, given the state of the economy, high poverty rates in the We Energies service territory. The utility's "shareholders are doing quite well," she said.

In filings with the commission, We Energies had argued that the commission was shifting from utility regulator to utility micro-manager if it adopted the proposal of Azar and customer groups. The utility also argued that the commission has not had a consistent definition for utilities to determine what would and would not be included in a PSC calculation of whether a utility earned too much profit.

Callisto agreed. The issue came up in one prior case – in which the commission also ruled in We Energies’ favor – but the commission’s guidance to utilities on this issue has been “ephemeral.”

An analysis by We Energies prepared last week indicated that the utility could have been required to return $53 million to customers. Based on the majority decision Thursday, the commission determined that the utility earned profit of 10.36% in 2008 and 10.52% in 2009, below the 10.75% profit allowed by the PSC.

That means the utility $25.7 million less than the maximum, according to the filing.

Third Feature

FALMOUTH OFFERS PARTIAL TURBINE SHUTDOWN

SOURCE: Cape Cod Times, www.capecodonline.com

March 1, 2011

By Aaron Gouveia,

FALMOUTH — Falmouth officials have offered to turn off the town’s wind turbine for three hours a day, following noise complaints from neighbors.

Acting Town Manager Heather Harper proposed the partial overnight shutdown, calling the offer a “good faith effort toward a mutual resolution of the matter.”

After tracking complaints regarding the 1.65-megawatt turbine off Blacksmith Shop Road, known as Wind I, town officials found residents are most affected during periods of high winds in the late evening and early morning hours, Harper wrote in a Feb. 23 letter.

“We intend to modify the operation of the machine between the hours of midnight and 3 a.m., the times at which the background noise may be lower than the sound emanating from our wind energy equipment,” Harper wrote.

Details of the town’s offer are still unclear, however. Harper’s letter did not specify whether the turbine would be turned off for three hours every night or only during periods of high winds.

When approached by a Times reporter prior to Monday’s selectmen’s meeting, Harper said she did not know the answer and was unable to provide one before the start of the meeting. The meeting was still in progress as of the Times’ deadline.

But Gerald Potamis, the town’s wastewater superintendent who oversees operation of Wind I, said the change will go into effect as soon as the turbine manufacturer, Vestas, sends a technician to reprogram the turbine.

The shutdown is an “interim solution” until town officials and neighbors can work out a permanent solution, Potamis said.

But Christopher Senie, an attorney representing 18 residents who claim they are adversely affected by turbine noise, vibrations and shadow flicker, has said the town’s offer is not good enough.

Senie, who was not available for comment Monday, penned a Feb. 25 letter that stated this is the second time in four months Harper has made the offer to his clients.

Senie called the three-hour reprieve “wholly inadequate” in his letter, and wrote the suffering of neighbors “will not be lessened in any meaningful way.”

The only acceptable interim solution, he wrote, is to shut off Wind I whenever wind speeds reach 23 mph. It is a proposal Harper has repeatedly rejected, according to Senie’s letter.

“This is the only meaningful way to provide my clients some relief while the ultimate solution is developed and implemented,” Senie wrote.

Todd Drummey, who lives approximately 3,000 feet from Wind I, said the town’s offer “completely misses the point” because it assumes residents will be satisfied with three hours of sleep every night.

“It’s the same offer from back in October,” Drummey said. “It was ridiculous then and it’s ridiculous now.”

The ultimate goal, according to Senie and his clients, is to convince the town it was wrong not to require a special permit before the turbine became operational.

Building Commissioner Eladio Gore deemed the turbine a municipal use, and cited zoning bylaws that exempt “all municipal uses” from the special permit process. Senie, on the other hand, cited another local bylaw specifically pertaining to windmills, that requires a special permit in all instances.

Last month, three members of the zoning board of appeals said Gore made a mistake in interpreting the bylaws. But the appeal failed because two ZBA members recused themselves, meaning a 4-0 vote was necessary to uphold the appeal.

But the neighbors are still hopeful because selectmen — acting as the owners of the turbine — can request a special permit at any time.

To that end, several neighbors showed up at Monday’s meeting hoping to persuade selectmen to start the special permit process, which will give neighbors a chance to negotiate some potential compromises. But they were not on the agenda, and as of 9:30 p.m. it was unclear whether they would be allowed to speak.

NEXT FEATURE:

WOLFE ISLAND WIND PLANT STILL HARMING BIRDS IN IMPORTANT BIRD AREA

SOURCE: Nature Canada, www.naturecanada.ca

Last May, Nature Canada’s Ted Cheskey blogged about a report that described how birds and bats have been affected by the TransAlta wind plant on Wolfe Island, a globally significant Important Bird Area in southern Ontario known for its waterfowl, raptors and swallows. He called the numbers of birds and bats being killed by TransAlta’s turbines “shockingly high,” indeed the highest recorded in Canada and one of the highest in North America.

However, since the report only studied a six month period, TransAlta’s spokespeople argued that it was premature to reach conclusions so soon, especially when comparing the Wolfe Island deaths to yearly casualty rates for other wind plants. Besides, TransAlta reasoned, the results appeared to be within the thresholds of acceptable limits set by provincial and federal government regulators.

Then last month, Stantec Consulting, the firm that produced the original report, released its report on the second half of the year: January 1, 2010 to July 1, 2010.

And the results for birds are troubling.

Wolfe Island: Most Deadly Wind Plant in Canada

Though casualty numbers for birds did not skyrocket in the second sixth month period, a time that included the spring migration, they still were high enough to make the Wolfe Island wind plant the most deadly for birds in Canada.

The 13.4 birds per turbine casualty rate is about 7 times the industry average in Canada according to Canadian Wind Energy Association (CANWEA) but below the so-called “adaptive management” threshold for TransAlta facility, as set by various government agencies. That level is 11.7 birds per MW which translates to 21 birds per turbine, which just happens to be the highest level ever recorded at any wind facility in North America (Buffalo Mountain, Tennessee). Using the highest level recorded as the threshold before which any mitigation is even considered seems a bit dubious to say the least.

Estimated and actual numbers of birds killed, proportioned by the species actually found, over the entire 12 month period, paints a disturbing picture:

  • Tree Swallow 218 (calculation based on 31 corpses)
  • Purple Martin 49 (calculation based on 7 corpses)
  • Bobolink 73 (calculation based on 9 corpses)
  • Wilson’s Snipe 50 (calculation based on 7 corpses)
  • Red-tailed Hawk 10 (actual count)

It is important to note that the calculated numbers are arrived at using Stantec’s formula to calculate total casualty rates. A sample of turbines are visited either weekly or twice a week and a search for bird corpses on the ground beneath the blades is conducted. As the method is not intended as a comprehensive search, determining the casualty rate requires taking in factors like the ability of the search team to find carcasses, the percentage of the area searched and the rate of predation between searches. The 31 Tree Swallow corpses, in other words, represent about 15% of the calculated number of tree swallows killed, based on Stantec’s calculations and field testing.

Birds Most Effected are Already in Serious Decline

While the report and the research behind it appear to be quite solid, the authors contend that the casualty rates are quite sustainable and will not have any effect on the species populations. They do this by contrasting the kill numbers from the turbines with the estimated Ontario population of the most affected species – Tree Swallow, numbering about 400,000 and Bobolink, about 800,000. (They do not do this for Red-tailed Hawk, which in fact may not meet their sustainability criteria). They also contrasted the numbers with estimates of birds killed by other human activities or artifices such as tall buildings, vehicles, cell towers, and pets.

While this argument has gained considerable traction among some in the wind industry and even the scientific community, it fails to consider that the turbines at Wolfe Island are killing different species than the tall buildings, cats and cars. Tree Swallow, Purple Martin, Red-tailed Hawk, Turkey Vulture and Bobolink rarely if ever show up on lists of casualties from tall buildings, and are unlikely victims of cats, with the possible exception of the Bobolink. And vehicle collisions, well – while this is a legitimate concern, Turkey Vultures have arguably had a net benefit from the carnage caused by vehicles.

But it is some of these very species – the ones most likely to be harmed by Wolfe Island’s turbines – that are already experiencing declines.

Take swallows, for example. Most species of swallow have declined significantly in Canada over the past 20 years. Adding additional threats to already stressed populations is not prudent. According to trend data on this species from Breeding Bird Survey routes in Ontario, the Tree Swallow has declined by about 6% annually over the past 20 years, a cumulative decline of almost 80%! In other words, the current estimated population of 400,000, was 2 million only 20 years ago. Bobolink, recently added to COSEWIC’s list of threatened species, declined 4.1% over the same period. We should not trivialize the impact of removing dozens, or hundreds of individuals from a population of species that are clearly in trouble.

In the meantime, good documentation of the impacts is essential. While TransAlta had to deliver these studies – they were a condition of the wind project’s approval – the company and Stantec should be recognized for doing good work. Once one takes the spin out of the document, the data and the methodologies are solid. The quality of the monitoring appears to be high, and some weaknesses, such as a potential bias to undercount the number of raptor fatalities, are recognized in the report.

With regard to birds of prey, even if they were not undercounted, the number of casualties is excessively high at .27 per turbine. This was the highest recorded rate for raptor kills outside of California. The victims included:

  • 10 Red-tailed Hawks,
  • 1 Northern Harrier,
  • 1 Osprey,
  • 2 American Kestrel,
  • 1 Merlin
  • 8 Turkey Vulture

This number crossed the “notification threshold” for the project, meaning that the CWS and MNR were notified about the high rates. The report states that TransAlta and MNR have initiated discussions regarding “adaptive management” in response to the raptor deaths. We look forward to hearing what the response might be.

Next Steps to Reduce Bird Deaths

With the plant already in operation, the only option now is to mitigate the risk to wildlife perhaps by slowing down the blades of the turbines at hazardous moments of the year, or turning them off. However, unless the numbers of casualties increase even further in the next two years, it is unclear how far the threshold must be exceeded and how often, before mitigation is implemented. It is reported in the document that four notifications were made by the company to the government for raptors alone, yet none appears to have led to mitigation.

Today, several wind farms are being proposed around the eastern end of Lake Ontario, the most worrying being Gilead’s Ostrander Point wind farm. Ostrander Point is an area that is arguably even more significant for birds than Wolfe Island, because of its specific geography. Ironically, the land on which the Gilead project is being proposed is owned by the Province of Ontario – a Crown forest block.

Opposition to turbines in agricultural areas appears to have persuaded government officials to meet their renewable energy agenda by prioritizing “crown lands” as locations for wind energy plants. While this might be appropriate and acceptable for some properties, when a wind plant is located in an area of great significance to wildlife, as is the case with Ostrander Point, so-called green energy ceases to be green at all. The Ontario government needs to think more carefully about where they allow wind turbines. It is not too late for the Province to design a policy that promotes green energy and also protects key biodiversity sites including Important Bird Areas.

Otherwise, as more of these facilities are built in bad places, wind energy will become a significant contributor to the declines of several species that are already in trouble, and the Green Energy Act will be recognized and remembered for all of the wrong reasons.

About Wolfe Island

Wolfe Island, located in the eastern end of Lake Ontario, a shore distance from Kingston, is about 32 kilometres long and about 11 wide in the widest area covering about 12,140 hectares.  The west end of the island is exposed to the westerly winds blowing across much of the length of Lake Ontario.   The island is a mixture of agricultural land under various regimes of management from annual crops to pasture, natural habitats from woodlands and patches of second-growth forest, to grasslands, wetlands and the residences and farms of the Wolfe Islanders.   TransAlta’s 86 turbines tower 80 metres above the farmland, pasture, and grasslands, and are constructed largely on the western side of the islands where the winds are probably the strongest.   The wind plant has a nameplate capacity of 198 Megawatts, but the average output in its first year of operation was only 48 Megawatts, a quarter of the capacity, due to the variability of winds.  This output number appears to be about average for Ontario’s wind industry. 

Wolfe Island is a Globally significant Important Bird Area, (IBA) recognized for its significance for waterfowl primarily, but also for its importance to raptors (birds of prey including hawks and owls) and Tree Swallows.  Being at the eastern end of Lake Ontario, the island’s habitats are also important stop-over destinations for migrating birds and bats.  Nature Canada believes that industrial wind plants should be excluded from IBAs, and other sites that are known to be highly significant for wildlife, particularly birds.   No wind plant, even the notorious Altamont plant in California, has ever, to our knowledge been decommissioned because of impacts on wildlife.   Once these things are built, then are not turned off until they stop working or break down.   For us at Nature Canada, this a strong incentive to encourage provincial policies to exclude wind plants from IBAs and important migratory corridors and fight the few existing proposals within IBAs.   However, the Wolfe Island plant is built and operating, so its impacts on birds and bats will be instructive for other projects being proposed or considered in areas that are significant for birds. 

"On, off, on, off as the blade caught the sun it made a very disturbing motion. It almost made you sick to your stomach." added Bob Draper.

2/28/11 More windmills, more problems: What Bears fans and Packers fans have in common

WIND FARMS CAUSING PROBLEMS IN BUREAU COUNTY

SOURCE: WQAD, www.wqad.com

 February 27 2011

By Steve Campbell

Wind energy keeps growing in popularity as a renewable energy source. But for a group of people in the Bureau County town of Ohio,Ill., it’s growing into a major problem.

“It sounds like an airport at my house and I live in the country,” Al Harris, an Ohio resident for eight years, said.

“You can’t go outside and enjoy the peace and quiet,” Deb Anderson, a 16-year resident of Ohio, said.

The Big Sky wind farm in Ohio began operating in September. The spinning turbines have meant great things for the environment, but hardships for its residents.

“There are three issues: one is television reception, one is shadow flicker, and the other one is noise,” Anderson said.

Their TV’s are sometimes unusable. The spinning turbine blades block the air waves from getting to their antennas causing a loss of signal.

The giant arms of the turbines cast spinning shadows over their homes and through their windows all day long.

And the noise is 10 to 20 decibels over the maximum allowed amount.

“We got no TV to speak of and the noise. It’s just not right. You can’t come into somebody’s area and do that and not do something about it to fix it. [The wind farm operators are] not seeming to do anything,” Harris said

The farm is operated by Edison Mission Energy. In a statement, the company said problems are not uncommon and they are working to fix any issues. But so far, the residents say the problems still persist.

“All we’re asking for is just to fix it and we’re not getting much response,” Harris said.

On Monday night, Harris, Anderson and more of their neighbors will attend a meeting with the Bureau County Board of Appeals with the goal to limit future wind farms.

“We don’t want anymore permits given out because they have to fix the issues they have now,” Harris said.

“I hope that the Board of Appeals will deny the conditional use permits that are being asked to be renewed,” Anderson said. “I would hope they would deny that, take the time to study all the issues that have come forward, and let’s get this problem resolved.”

The meeting with the Board of Appeals will take place at 7 o’clock Monday evening at the Bureau County Courthouse in Princeton, Ill.



2/25/11 Big Wind vs little communities in St. Croix County

Is this St. Croix County's Future? Fond du Lac County home in the Invenergy wind projectLOCAL COMMUNITES COMING [TOGETHER] AGAINST WIND FARMS

SOURCE: New Richmond News, Pierce County Herald www.piercecountyherald.com

February 24, 2011 By: Chris Hamble - Hudson Star-Observer and Jeff Holmquist -

The question of wind turbine location has roiled communities in St. Croix County. The township board of Forest was recently recalled in the Feb. 15 election and the Town of Troy has passed a moratorium on wind farm development.

At its board meeting Thursday, Feb. 10, the town of Troy passed a resolution putting a temporary moratorium in place for the development of wind-energy turbines in and around the town.

A four-man committee was organized by town chair Ray Knapp to look into the “what and how” of possible turbine energy generators and to make an ordinance for the town regarding the building, regulation and usage of possible turbines in the future.

Currently, there is talk at the state capital that the new administration is looking to make strict regulations and standards regarding wind turbine usage, visibility and setbacks. According to Knapp, in a situation such as this, the town may not be “more strict” with its regulations than the state.

Since the state has yet to fully develop a plan, it was suggested that the town issue a moratorium on the building of wind turbines, even though there is currently no plan to build any. The board hopes to keep prospectors and developers from looking into the possibility of constructing turbines until the town can get a hard ordinance on the books. This move was also suggested by the Wisconsin Towns Association.

The moratorium unanimously passed, and is effective until Sept. 26.

“This temporary stay in wind permits will give us time to come up with something right for the town,” said Knapp.

In addition to the moratorium, Knapp also reported that under the current project timeline, the committee would like to draft a possible town ordinance by the regularly scheduled July board meeting, and also compile a list of possible sites for developers to inspect.

_________________________________________________________

The ongoing wind farm controversy has blown the sitting Town of Forest board out of office.

A recall election on Tuesday, Feb. 15, held in conjunction with the Wisconsin primary, went to the three challengers in the contest.

For the chairman position, Jamie Junker gathered 194 votes and incumbent Roger Swanepoel had 123 votes.

For the position of supervisor, challengers Rick Steinberger (207 votes) and Patrick Scepurek (185 votes) were elected. Incumbents Carlton Cress (123 votes) and Douglas Karau (113 votes) were voted out of office.

The recall election was the result of a group of Town of Forest residents who circulated a petition to remove the current board. The petition included the signatures of 93 town residents. A total of 50 signatures was required for a recall election to be conducted.

The group’s main issue with the current board was their approval of a wind project proposed by Emerging Energies LLC, which calls for some 39 turbines to be installed on parcels scattered throughout the township.

Opponents of the plan claim the proposal was approved without appropriate notice and participation from the public.

“The recall election pretty much speaks for itself,” said Junker following his successful run for the chairman post. “The Forest residents have concluded through simply reading a vast number of documents that a number of legal irregularities have taken place. These irregularities are easily understood by anyone that took the time to read the public documents to know what happened in Forest. With great confidence that they had the legal proof, the residents of Forest moved for the rare recall of its officials from office, and to nobody’s surprise they won.”

Junker said the town residents “were never told of the project details until the evening the agreement was actually approved, never knowing of the placement, size, or number at any point during what has repeatedly been said was a public process.”

The towns’ plan commission was also never publicly told of the details, Junker said, yet the formal agreement says the plan commission recommended the agreement.

“Clearly the residents of Forest feel that the previous town board, proven through the records, tried to pull the wool over the residents’ eyes and we’re finding out it didn’t work,” he said.

Junker pledged that the new town board will do “everything legally possible” to stop the wind turbine project now that they’re in office.

He said the chances of the project being stopped are good.

In a phone interview, Steinberger said he was pleased with the results of the recall.

“It was just what I had hoped for,” he said.

Steinberger said he is ready to take on the job of town supervisor and he promised to “represent the people.”

“I want to keep the process open and honest,” he said.

Scepurek was pleased with the outcome as well.

“The citizens of the township decided enough is enough,” he said.

He noted that almost all of the registered voters in the town cast a ballot in the recall, which was an encouraging sign.

“People are waking up and taking notice,” Scepurek said. “People have to start being informed and make sure that things don’t happen under the radar.”

Outgoing supervisor Cress said he didn’t have much to say in the wake of his recall, other than to say he was frustrated by the single-issue focus of the campaign to kick the board out.

“It was unfortunate that it came down to a wind turbine issue and not what it takes to run a township,” he said.

Swanepoel and Karau did not return phone calls to get their reaction to the results of the election.