7/5/11Family driven from home by turbine noise is going to tell it to the judge.

REGULATORY UNCERTAINTY FOR WIND FARM DEVELOPERS

Read Entire Story Source: The Daily Reporter

By Clay Barbour

July 5, 2011

MADISON, Wis. (AP) — In the past six months, three wind farm developers with a combined investment of more than $600 million have stopped operations in Wisconsin — victims of regulatory uncertainty and what some now perceive as a hostile business environment for “green” energy.

The wind farms — planned for Calumet, Brown and Green Lake counties — would have created more than 1,100 jobs and helped Wisconsin reach its goal of generating 10 percent of its energy through renewable sources by 2015.

But new wind regulations, more than two years in the making, were shelved as the Public Service Commission works on a more restrictive set. Combined with a series of initiatives pushed through by Gov. Scott Walker and the Republican-led Legislature, industry officials and environmental advocates say Wisconsin seems more concerned with making green than being green.

“In a typical year, you win some and you lose some. It’s about a 50-50 breakdown,” said Jennifer Giegerich, legislative director for the Wisconsin League of Conservation Voters. “But this year, it has been one loss after another. We are going backwards, fast. And it’s scary.”

One day after Walker was elected governor, lame-duck predecessor Gov. Jim Doyle halted progress on a planned $810 million federally funded Madison-to-Milwaukee passenger rail project.

The governor-elect made no secret of his desire to kill the proposal. After his election, little stood in the way.

Since January, Walker and the GOP have proposed more than a dozen pieces of legislation that some say roll back or weaken environmental laws.

They exempted a parcel of land in Brown County from wetland protections, weakened the state’s clean water rules, cut state money for recycling by 40 percent, ended the office of energy independence, and got rid of loan and grant programs that encourage companies to become energy efficient.

GO TO THE DAILY REPORTER’S WIND ENERGY PROJECT PROFILE PAGE

Several proposals still are in play, including bills that change where utilities can buy renewable energy and how long renewable energy credits last. Advocates say both measures would severely damage the health of clean energy companies in the state.

“They are trying to take us backwards environmentally 20 or 30 years,” said state Rep. Brett Hulsey, D-Madison, who worked for the Sierra Club for years. “It’s this corporate mindset. It has taken over.”

But for every bill that environmental advocates see as bad, others see as valuable and necessary.

Ask Walker why he killed the train and he will tell you it was because the project was a boondoggle and the state’s efforts were better focused on roads and bridges.

Ask him why he weakened clean water rules and he says it was to provide relief to local governments from statewide mandates.

Ask him why he fought to stop the new wind siting rules and he says he was protecting the property rights of people who live near wind turbines.

“Business and environment can go hand-in-hand,” Walker said. “In the past, some pushed radical policies at the expense of jobs. I believe we can both conserve natural resources and promote economic prosperity.”

There have been some bipartisan victories for the environmental movement. An attempt to rush through a controversial bill to speed up reviews of permit applications for mining died after questions were raised by members of both parties. A proposal to pare phosphorus rules also was dropped for lack of support. And originally, Walker planned to cut all money for the state’s recycling program as well as end the mandate enforcing it.

State Rep. Robin Vos, R-Rochester, led the fight to restore most of the money and the mandate.

The co-chairman of the Joint Finance Committee said he fought for the program because it’s better to invest in recycling now than to pay for more landfills later.

“But we have limited resources,” he said. “And we are always trying to find that right balance between what is achievable and what is just a lofty goal.”

Probably the oddest aspect of the business-vs.-environment debate is the role of wind energy. One might assume a fast-growing “clean energy” industry such as wind would appeal equally to both sides. But so far, that has not been the case.

The argument over wind power has divided entire communities in the state’s rural areas.

Opponents complain of diminished property values, noise, moving shadows cast by the giant turbines and loss of sleep from the vibrations.

Advocates say most of those problems are unfounded and the rest are overblown. They argue wind energy is good policy and good business for the state.

Industry insiders hoped the new rules would end years of localized fights that killed at least 10 proposed wind farms in the past eight years and scared off several others.

But earlier this year, the governor introduced a plan to quadruple the required distance between wind turbines and neighboring property.

Though the governor’s proposal was not taken up, a legislative committee suspended the new rules and asked for major revisions.

“I had concerns about the rights of property owners from the get-go,” said state Sen. Leah Vukmir, R-Wauwatosa, committee co-chairwoman. “In the end, we felt it was better to send the rules back until a balance between the wind industry and landowners could be worked out.”

Currently the PSC is holding meetings with advocates and opponents, trying to iron out a compromise. Neither side wants to start from scratch, but PSC officials said they are at a standstill.

“The uncertainty is killing us,” said Dan Rustowicz, of Minnesota’s Redwind Consulting, a company trying to develop a wind farm in Buffalo County. “It’s a shame because Wisconsin has good wind. But we have other options. If you don’t have the political support here, why try and push that rope?”

 

NOISY WIND FARM LEGAL FIGHT BEGINS

Read entire article at source:, www.peterboroughtoday.co.uk

July 5, 2011

A couple who claim their lives have been blighted by the “horrible noise” of a nearby wind farm are seeking thousands of pounds damages in the High Court.

A hearing was told that Jane and Julian Davis moved out of Grays Farm in Deeping St Nicholas into rented accommodation in December 2006, six months after the eight-turbine wind farm began operating about half a mile from their home.

The tenant farmers claim the noise of the turbine blades became intolerable, disrupting their sleep and making them feel ill and it was so severe that it has made the farmhouse no longer marketable as a family home.

In what could be a landmark case for hundreds of other families, lawyers for the couple are seeking an injunction to modify the windfarm by removing two turbines and cutting the operating hours of a third machine to reduce the noise. They are also seeking £400,000 damages.

Alternatively, they are seeking damages plus a like-for-like replacement of their farm home worth around £2.5 million.

The defendants in the case include R C Tinsley Ltd and Nicholas Watts, who rented out their land for the wind farm, and Fenland Windfarms Ltd and Fenland Green Power Co-operative Ltd, operators of the turbines.

Before the hearing, Mrs Davis said: “I want to stop the noise so we can go back home and relax and sleep and live like we did five years ago.

“It is a horrible noise. It is unpredictable but occurs mainly in the course of the night.

“There is a hum and ‘whoom, whoom, whoom’ that are alien to an isolated rural environment.”

The hearing also heard claims from Peter Harrison QC, representing the couple, that even when they carried out their own tests to prove that the noise was there, Mr and Mrs Davis faced “an industry operator which refused to acknowledge the noise their turbines make and the effect that has had on the lives of these claimants”.

The defendants’ lawyers say it is “not doubted” that the Davis family has been affected by noise but say it is an “over-reaction” to what they can hear or they have become “unduly sensitive” to wind farm noise.

They deny “that there has been in the past or is presently any actionable nuisance” and that the defendants have reasonably attempted to investigate complaints.

The hearing continues.

7/4/11 Wind developer brings the community a big surprise: and it's a very bad one AND Battle of Britain: residents driven from their home by turbine noise fight back AND Laying it out Hawaiian style: Why wind power has no Aloha Spirit AND Don't need it, can't use it, don't want it? Too bad, take it we'll sue you.

From Kansas:

A TRANSMISSION PROBLEM

READ THE ENTIRE STORY AT THE SOURCE Salina Journal, www.salina.co

July 4, 2011

By MICHAEL STRAND

“Most of us found out about it when we started seeing stakes in our front yards,”

ELLSWORTH — The first time many property owners heard of plans to build a high-voltage transmission line along their street was when the marker flags and stakes showed up.

And by then, the decision had already been made.

“Most of us found out about it when we started seeing stakes in our front yards,” said Caleb Schultz, one of about 100 people who live along 10th and 11th roads in western Ellsworth County, where Wind Capital Group is planning to build a line to connect a wind farm in the northern part of the county to a power substation in Rice County. Construction is scheduled to start in September.

The 134 turbines will generate 201 megawatts of power, and “one of the necessary parts of the project is getting the power to market,” explained Dean Baumgardner, executive vice president of Wind Capital.

Baumgardner said the 31-mile route was chosen as the most direct route between the wind farm and the substation.

“Given federal regulatory agencies, environmental concerns and the effect on landowners, we want as direct a route as possible,” he said. “Fish and wildlife and the Corps of Engineers prefer we use areas that are already developed — rather than go through pristine areas.”

This doesn’t seem right

Kent Janssen said he first found out about the proposed transmission line by reading about it in the minutes of an Ellsworth County Commission meeting.

“But I had no clue about the size, that it was going to be a main transmission line, with 75-foot poles,” he said. “Just to have stakes start showing up, and being told this is going to happen just doesn’t seem right.”

Janssen said the line will run within 100 yards of some homes, and predicts the line will lower property values.

“There’s plenty of room to run this and not get within a quarter or a half-mile of a house,” he said, noting that such transmission lines usually cut cross country, rather than following a road.

Susan Thorton is also “disappointed” with both Wind Capital and the county commission.

“I really was disappointed that we found out through neighbors,” she said. “They should have gotten our opinions before decisions were made. We at least would have felt like we had our say — and if they’d listened to our concerns, it might not have turned out that way.”

It’s out of our hands

Ellsworth County Commissioner Kermit Rush said the discussion now needs to be between Wind Capital and people along the proposed route.

“It’s kind of out of our hands,” he said. “We have an agreement to let them use the right of way.”

Rush said that in the past, the county has worked with two other wind farm projects, “and those were never a problem.”

“As commissioners, we make a lot of decisions,” Rush said. “If we had to call the public each time, I’m not sure we’d get anything done.”

We all like wind power

None of those interviewed said they oppose wind power in general, or the Wind Capital project.

“I have no problem with wind power, or with transmission lines,” Thorton said. “Just not right on top of our homes.”

“I want to stress, I am for wind energy, and I’m for the transmission line,” Janssen said. “I’m happy for the guys up north that are getting the towers — we just want the line run in a responsible way.”

Janssen added that he’d been neutral on wind power up to 2006 — when the first wind company to build in Ellsworth County hosted a meeting with county commissioners to outline its plans to the public.

Done

As for not talking to people along the route first, Baumgardner said he’s been involved in projects like this for years, and “No matter who you talk to first, the other one always thinks you should have talked with them first,” he said. “We approached the county and township people first. We’ve met with every landowner along the route, now — but hadn’t when we first met with the local governments.”

NOISY WIND FARM DROVE COUPLE OUT OF THEIR HOME

READ ENTIRE STORY AT THE SOURCE The Telegraph, www.telegraph.co.uk

July 4, 2011

A couple who say they were driven out of their family farm by the “nightmare” hum of wind turbines have mounted a ground-breaking £2.5 million compensation bid in London’s High Court.

Jane and Julian Davis, moved out of Grays Farm, Deeping St Nicholas, near Spalding, Lincs, four years ago because of the strain of living with the incessant noise.

And now they are taking on a local windfarm and other defendants in a pioneering case which will test the law on whether the sound created by the turbines amounts to a noise nuisance.

Mrs Davis, whose husband’s family cultivated Grays Farm for over 20 years before they were uprooted by the noise, said it had been a “nightmare living there”, and that they had no option but to leave.

Speaking before today’s High Court hearing, she added: “The noise is unpredictable and mainly occurs at night, you can never get to bed with the assurance that you will stay asleep.

“It’s incredibly unpredictable.”

In a bid to recreate the effect, she mimicked a sound she said was “something between a whirr and a hum”, adding that it was the peculiar, insidious “character” of the noise which made it so unsettling.

“You can’t even have a barbeque,” she said.

The couple are suing local landowners – RC Tinsley Ltd and Nicholas Watts, on whose land some of the turbines have been sited – as well as Fenland Windfarms Ltd and Fenland Green Power Cooperative Ltd, who own and operate the turbines.

Their lawyers are seeking either a permanent injunction to shut down the turbines or damages of up to £2.5 million to compensate the couple for the disruptive effects on their lives.

They have not returned to their home since 2007, and are now living in Spalding.

Mrs Davis said before the hearing she had no quarrel with the appearance of the turbines – only with the unsettling effects of the noise.

“We want them to stop the noise so we can move back in,” she said, adding: “We want them to recognise that the noise is a nuisance so we can go back and get some rest and sleep like we did five years ago. ”

The couple’s QC, Peter Harrison, said that, for his clients, windfarms “have emphatically not been the source of trouble-free, green and renewable energy which the firms promoting and profiting from wind energy would have the general public believe”.

The Davis’ had, instead, faced an operator which “has refused to acknowledge the noise their turbines make and the effect that that has had on the lives of these claimants”.

“Their lives have been wholly disrupted by that noise”, he told the court, also alleging that the main operator had tried to “impose a code of silence on those examining or recording the noise that these turbines in this location have caused”.

They had, he claimed, tried to “attack the credibility and reasonableness of the claimants rather than examine what they were actually being told”.

“From the defendants’ witness statements, and the material they wish to put before the court, it seems that those attempts to undermine the claimants, to say they are over-sensitive, that they are exaggerating and over-reacting, will continue during the trial,” the barrister added.

He claimed the defendants had been irked by Mrs Davis’ eagerness to “speak publicly about her experiences” and that she was being attacked for simply refusing to “put up with the noise”.

“To not quietly accept your fate, it appears, is the ultimate provocation,” he said.

The QC said the case was not a test of the Governement’s Green policies, but concerned the Davis’ wish to “get on with their lives and get back into their house”.

Although the case will hinge on technical arguments about measuring the “Amplitude Modulation” (AM) given off by the turbines, there are also vexed issues about the extent to which the defendants were given a fair opportunity to monitor the noise levels.

The hearing before Mr Justice Hickinbottom continues.

FROM HAWAII

BIG WIND PROJECT HAS TO BE KILLED BEFORE IT KILLS OUR POCKETBOOKS

READ ENTIRE STORY AT THE SOURCE: Honolulu Star-Advertiser, www.staradvertiser.com

July 3, 2011

By Mike Bond,

Like some bizarre weapon of the former Soviet Union, Big Wind is finally being revealed for what it is: an engineering and financial tsunami that will enrich its backers and leave the rest of us far worse than before.

Its promised 400 mega-watts (MW), at the outrageous cost of $3 billion to $4 billion, makes no economic sense, but the full story is even worse.

Because wind is so inconsistent, Big Wind will produce only about 20 percent of that fictional 400 MW, or 80 MW (the Bonneville Power Administration, with 12 percent of America’s wind generation in one of its windiest locations, gets only 19 percent of its installed capacity).

And because most wind power is produced in non-peak hours when it can’t be used, turbines must then be shut down (curtailed). This “curtailment factor” lowers Big Wind’s potential 80 MW to about 48 MW. An additional 2-3 MW will be lost across the cable, bringing Big Wind down to 45 MW.

Moreover, wind requires backup fossil generation to run parallel offline for when the wind fluctuates or stops.

Called spinning reserve, this backup generation wastes millions of kilowatts and brings the Big Wind’s net generation down to about 40 MW.

And it’s why countries with extensive wind power like the United Kingdom, Denmark and Germany are finding wind power doesn’t reduce their dependence on fossil fuels.

Hawaiian Electric Co. could build a new 40 MW power plant on 30 acres of Oahu rather than 22,000 acres of Molokai and Lanai, and with no billion-dollar cable, for a fraction of Big Wind’s costs and carbon dioxide emissions. Or for Big Wind’s $3 billion, HECO could install rooftop solar on 165,000 homes, generate more power than Big Wind, and create 1,000 Hawaiian jobs, whereas Big Wind will create only a handful.

With rooftop solar, customers need only HECO for load-balancing and low-demand night use, thereby depriving HECO of its cash cow, the captive consumer. That’s why HECO has limited rooftop solar to 15 percent on its circuits. It’s as if we’re told we can’t grow vegetables in our own gardens; we have to buy Mexican vegetables from a supermarket chain.

Conservation is even easier, since 2008 state agencies have cut electricity use 8.6 percent at almost no cost. This could easily be implemented throughout Oahu, twice Big Wind’s net generation and saving $3 billion to $4 billion.

In fact, no developer will even touch Big Wind unless the entire $1 billion for the undersea cable can be charged to HECO customers, raising our electricity bills by 30 percent.

Contrary to the governor and HECO et al., Big Wind should be in public scrutiny. This is known as democracy.

And they should admit other potential tragic costs of this project, including the desecration of 35 square miles of beautiful coastal wilderness, possible damage to archaeological sites and endangered birds, a reduction in neighboring property values, and dynamiting in America’s finest coral reef and the Hawaiian National Whale Sanctuary.

No wonder that opposition to Big Wind is 98 percent on Molokai and nearly that on Lanai.

And when our nation is suffering the worst financial crisis in its history, a pork-barrel project adding billions more to our deficits seems nearly treasonous.

“The truth shall make us free” is a maxim of democracy. The opposite is also true: Cover-ups steal our freedom.

The governor, HECO et al. should realize that Maui, Lanai and Molokai are not colonies, nor part of the former Soviet Union. It’s time we were given the truth about Big Wind, so this ridiculous project can be quickly killed before it eats us all out of house and home.

Molokai resident Mike Bond is a former CEO of an international energy company, adviser to more than 70 utilities and energy companies, and author of studies on electricity transmission, cable operations and power generation alternatives.


When Water Overpowers, Wind Farms Get Steamed.

 SOURCE: National Public Radio, www.npr.org

July 3, 2011

by Martin Kaste

The Pacific Northwest is suffering from too much of a good thing — electricity. It was a snowy winter and a wet spring, and there’s lots of water behind the dams on the Columbia River, creating an oversupply of hydropower. As a result, the region’s new wind farms are being ordered to throttle back — and they’re not happy.

It seems like a simple problem to fix: if there’s too much water behind the dams, why not just dump some of it? Just bypass the power generators and spill it? Would that we could, says Doug Johnson, spokesman for the Bonneville Power Authority. When you spill water over a dam, he says, it gets mixed with nitrogen from the air — and that’s not good for the salmon.

“What it can do is give the juvenile fish a condition similar to the bends, similar to what scuba divers experience,” he says.

So Bonneville — a federal agency that runs the power transmission system in the region — has been ordering wind farms offline, usually in the middle of the night when demand is lowest. Wind farm companies are crying foul.

Another Option

“This is not about fish protection, this is strictly about economics,” says Jan Johnson, a spokeswoman for Iberdrola Renewables, which has 722 wind turbines in the Pacific Northwest.

“There’s options,” she says. “In other parts of the country — in fact in every other region — these types of transmission providers will just go into a negative pricing situation.”

Negative pricing means paying people to take your surplus power. The wind farm companies say the dams could run at full tilt and Bonneville could pay customers in other regions — like California or British Columbia — to take the surplus.

Five wind power companies have filed a complaint with the Federal Energy Regulatory Commission to force Bonneville to start doing so. Bonneville would prefer not to have to pay to get rid of power, Johnson says, because that cost would be a burden to power customers in the Northwest.

“What we’ve said is no. We’re willing to give away energy — we give away energy to a whole lot of people when we’re faced with the situation — but if we were going to just pay negative prices, and incorporate that into our wholesale power rate, and this is the only set of customers that are affected, we just aren’t prepared to do that,” he says.

A Challenge For Wind Power

Complicating matters is the fact that wind farm generators make much of their income from federal tax credits. The government pays them per megawatt hour, so they really don’t like it when those blades stop turning.

They also say Bonneville is forcing them to break contracts with utilities in places like California, which are required to buy a certain amount of renewable energy. Wind farms have encountered similar problems around the country. Mark Bolinger studies renewable energy markets for the Lawrence Berkeley National Laboratory.

“Transmission is probably one of the largest issues facing wind development in the U.S.,” he says. “In 2010, roughly 5 percent of all wind generation that could have happened was actually curtailed due to transmission constraints.”

Sometimes the reason is infrastructure — lack of room in the grid — and sometimes it’s financial, as in the case of Bonneville’s reluctance to pay other regions to take the surplus. Finally, there’s the economy. Until customer demand for power picks up some more, the tricky problem of too much power isn’t likely to go away.

7/3/11 WIND FARM STRONG ARM: Misery comes to small town Michigan AND Lawsuit filed by IL residents AND Will Turbines equal GPS breakdown?

MEETING DEALING WITH WIND TURBINES ENDS BEFORE IT BEGINS

SOURCE: WTOL, www.wtol.com 

By Tim Miller

30 June 2011

“I have never seen a town so divided. Brother won’t talk to sister, sister won’t talk to brother. It’s terrible, really. I never seen a town divided so bad.”

RIGA TOWNSHIP — A special meeting to deal with wind turbines ended before it even began, the latest twist in an ongoing controversial project.

Township trustees were set to take some kind of action Thursday night on an ordinance to allow the turbines on farmers’ fields and the meeting drew so much interest that the fire chief limited attendance into the building to 200 people.

With about a hundred people stuck outside, the trustees decided to postpone the meeting to another date, at a larger venue.

Farmers who are poised to sign leases with wind turbine companies stand to make profits from the use of their land and turbines are widely seen as a new “crop” in Michigan. But the opponents come from Riga Township and surrounding communities. They say the wind turbines will destroy the peaceful country setting and lead to health hazards.

Trustee Paul Dusseau says he’s saddened by the situation. “I have never seen a town so divided. Brother won’t talk to sister, sister won’t talk to brother. It’s terrible, really. I never seen a town divided so bad.”

All sides did seem to agree that is was the right to reschedule the meeting.

Josh Nolan of the Interstate Informed Citizens Coalition said, “You can’t have a project like this that is going to affect not only the people of Riga Township, but those of Sylvania Township, Palmyra Township, Blissfield Township, Ogden Township, Whiteford Township. Everyone in the area is going to be affected by this. You can’t have some major project like that and then disallow people from participating in the process.”

Supervisor Jeff Simon says the trustees will listen to the public at the next meeting and will carefully review the ordinance before they make any decision. Residents are encouraged to visit the township’s website and local newspapers to see when the next special meeting will be held.

From Illinois

LAWSUIT FILED

READ ENTIRE ARTICLE AT SOURCE: Bureau County Republican, www.bcrnews.com

July 1, 2011

By Donna Barker,

“Fundamentally, this action is necessary to preserve the value of our homes and farms in the face of overwhelming evidence that the construction of so many turbine towers, so close to our property, will cause irreparable harm to the long-standing, pre-existing use and enjoyment of our property,” Hamrick said. “Our group is seeking only to prevent the wind turbine facility from being constructed and is not seeking any monetary recovery.”

PRINCETON – A group of Bureau County residents have filed a complaint against the county of Bureau, the Bureau County Board, each member of the Bureau County Board as individuals in their official capacities, and against Walnut Ridge Wind LLC.

The goal of the complaint is to stop the building of the proposed 150-turbine Walnut Ridge Wind wind farm in northwest Bureau County.

Filing the complaint are 37 Bureau County residents whose properties are situated around the proposed Walnut Ridge Wind site. Spokespersons for the group are Ron Amerein, Deanna Wilt and Steve Hamrick. Representing the group is Rockford attorney Rick Porter of Hinshaw and Culbertson.

In a press release issued Thursday, the spokespersons claim there were “significant procedural mistakes in the process and substantial flaws in the findings” of the county board.

Filed Wednesday at the Bureau County Courthouse, the 450-page, 117-count complaint claims the county board did not have the authority or jurisdiction to grant the original conditional use permits to Walnut Ridge Wind LLC in August 2008, nor the authority to approve the permit extension requests granted by the county board in April 2011.

According to the complaint, there was improper public notice of the zoning application and the request to extend those applications; that the permits lapsed because the turbine company did not act on those permits for three years; and that the original permits are void because Bureau County had no jurisdiction to issue them. In addition, the complaint describes why the court should conclude, as did the Bureau County Zoning Board of Appeals, that granting an extension of those Walnut Ridge permits was not supported by facts of law. (On March 31, the Zoning Board of Appeals recommended, on a 3-2 vote, to deny extensions to the Walnut Ridge conditional use permits.)

The complaint also asks the court to find the county board’s action is “arbitrary and capricious.” According to the plaintiffs, the county board’s decision failed to consider the negative impact of the proposed turbines, including, among other things, annoying and incessant noise, visual disturbances from flashing lights, turning blades and massive unsightly towers, shadow flicker, negative health affects, including sleep deprivation, and the impact to pets, livestock, birds and wildlife.

In their press release, the spokespersons described the plaintiffs as a very diverse group, representing individuals owning homes in close proximity to one or more of the proposed Walnut Ridge turbine towers, as well as farmers and landowners who expect their operations to be significantly harmed if the turbine towers are allowed to be built.

Each of the plaintiffs has made a financial commitment to support the cost of bringing this complaint to the courts, the spokespersons stated. For some of these property owners, the affected property represents their principal financial asset, and thus a lifetime of savings, the spokespersons claimed.

In some additional comments, spokesperson Steve Hamrick reiterated why this group of Bureau County residents has taken this legal action and what they want to accomplish.

“Fundamentally, this action is necessary to preserve the value of our homes and farms in the face of overwhelming evidence that the construction of so many turbine towers, so close to our property, will cause irreparable harm to the long-standing, pre-existing use and enjoyment of our property,” Hamrick said. “Our group is seeking only to prevent the wind turbine facility from being constructed and is not seeking any monetary recovery.”

On Thursday, Bureau County State’s Attorney Pat Herrmann, who will represent the defendants in the complaint, said defendants have 30 days to reply after a subpoena is served.

From Ontario

SHUT DOWN TURBINES IF THEY INTERFERE WITH FARMER'S GPS SYSTEMS

READ ENTIRE ARTICLE AT THE SOURCE: The Wellington Advertiser, www.wellingtonadvertiser.com

By David Meyer

Downey suggested the words be changed so the clause reads, “turned off until the problem is solved.” He said without a required shutdown, the company could simply say it tried and was unable to prevent interference.

Driscoll said it was necessary for the township to insist upon that, rather than pitting “little Joe Farmer against NextEra. If they say ‘two weeks’ I don’t have two weeks.”

MAPLETON TWP. — When township council here considered what comments to make to the province about conditions for permitting an industrial wind farm near Arthur, councillor Neil Driscoll said turbines should be shut down immediately if they interfere with GPS users.

At a special meeting on June 21 to consider possible conditions, Driscoll told council the wind industry should not be permitted to interfere with modern farming practices.

Councillor Mike Downey supported Driscoll’s statement, and soon, so did all other councillors.

They were working their way through a commenting document to set conditions for the province, although Mapleton’s was so big there were dozens of extra pages beyond what the province offered. The township is facing a request for NextEra Energy Canada’s Conestogo Wind Energy Centre Project.

The extra comments and requests for conditions were compiled by Chief Administrative Officer Patty Sinnamon from a number of sources, many from the United States, which has far more stringent rules than Ontario.

One of the suggestions was, “If any television, cell phone, internet or broadcast radio frequency interference is shown to be created by the Wind Energy Centre, NextEra shall use commercially reasonable efforts to mitigate any problems on a case by case basis.”

Downey suggested the words be changed so the clause reads, “turned off until the problem is solved.” He said without a required shutdown, the company could simply say it tried and was unable to prevent interference.

Driscoll said it was necessary for the township to insist upon that, rather than pitting “little Joe Farmer against NextEra. If they say ‘two weeks’ I don’t have two weeks.”

Driscoll said in a later interview that GPS equipment “auto steers” farm machinery in fields. He said someone is in the tractor, but it is GPS satellite technology that runs it. It also determines the amounts of spraying a machine does.

If GPS is interfered with by a turbine, he said farmers are effectively forced to shut down their operation.

“It would lose track of where you were in the field,” he said. “It could throw the seeding off. You could lose combine rates of yield.”

The GPS works with satellite technology, and Driscoll said the technology on farms is similar to what people might have in their cars, but, “It’s just far more enhanced.”

He estimated over 75 per cent of farmers use “some type of GPS – in our spraying, in our tractors and combines. So what happens if my GPS does go down? It’s pretty hard to run without it now. We’ve become reliant on the system.”

Driscoll said satellites can give a reading of the strengths of a signal, and could tell if interference is coming from a wind turbine (that is something some wind energy companies acknowledge, and they have it included in contracts they sign with host farmers).

Driscoll also agreed with Mayor Bruce Whale, who noted all the land for the NextEra project is class one farmland.

“That’s the worst part,” Driscoll said. “This is class one farmland that can’t be replaced.”

In the past, the Ministry of Agriculture, through the provincial government, has tried to protect class one agricultural lands.

Sinnamon reminded council the county’s rural broadband project is due to come on line in September. She wondered how the township can determine if turbines are causing interference. Councillor Jim Curry said it is easy. “What was working is not.”

Sinnamon wondered about a shut down for cell phones.

Driscoll said, “If the cell phone is your lifeline … ”

Sinnamon asked how anyone can determine interference by a turbine.

Whale said, “Anyone who could do an analysis probably could … each provider has a way of measuring range.”

Driscoll said the satellite “can probably tell you what is interfering. TV providers can tell you if somebody is interfering.”

Curry said council should check other areas. “I’ve heard there have been problems.”

Whale said the township can determine what service is like before the arrival of turbines, and then afterwards.

Sinnamon said if the township insists there be no interference, it should set a deadline for how long the company will have to prove it does not interfere. She suggested five years.

Whale said council will have to set a length, and “We should know soon.”

Curry said residents hosting turbines “waive these issues.”

Other conditions

Council also went through numerous conditions to protect its roads from large and heavy machinery.

It insisted when NextEra has to dig under roads for electrical wires, it has to bore under paved roads, but it can dig up gravel roads. The elevations shall be approved by the township’s engineers.

As well, the township wants 18-inch culverts used where the road is dug for conduits.

Council wants also to be reimbursed for all inspection costs for the roads, prior to NextEra using them, and afterwards, with a limit of one year to determine settling. It wants the company to repair any damaged road base to a depth of 18 inches. Driscoll said there is a heritage road on part of the section NextEra will have to travel.

Public Works Director Larry Lynch said that road, Sideroad 17, will have to be brought back to original condition, including such things as tree canopy, and to its original narrow width.

Lynch said the township heritage committee probably won’t want it touched at all. “Once you affect the integrity, it isn’t a heritage road any more.”

Whale said the township will need a report on that issue.

“Let’s investigate. Confirm the identity – confirm what can and cannot happen.”

Driscoll said some road allowances are unopened in winter, and are used only by snowmobile clubs. He said he would be unwilling to allow the wind company to open those roads, and it could use access by snowmobile – if it has paid a trail fee.

Lynch said if the company, needs access, the township could always “open the road up – at a cost.”

Councillor Andy Knetsch wondered how the company could get emergency personnel to its turbines.

Whale said that will have to be part of its emergency plan.

Lynch said it is no different than Conestogo Lake, where people are responsible for their own access in winter.

Whale said to make sure that is in the agreement.

Council agreed there will likely be some disruption when the company brings in the turbine sections and the heavy cranes to build them. It insisted farmers know well in advance what days the company will be taking machinery on township roads.

Driscoll was unhappy about farmers being unable to use township roads for long periods. “If it still takes the whole day, it doesn’t help us,” he said.

Lynch said there could be breakdowns, and wondered how the township could deny use of the road if moving turbines takes longer than expected. “We have to be careful and show due diligence and not make it too onerous,” Lynch said. “What happens if they’re a day late? Does that mean they can’t come in the next day?”

On the other hand, he understood Driscoll’s point about interrupting busy farmers if they get a good day to work.

“It’s shouldn’t be a hardship on the landowner. I think that’s what councillor Driscoll is saying,” Lynch concluded.

When it came to shadow flicker, the township noted trees can be planted as a block of the tower’s shadow.

Curry said trees must be evergreen types. In the United States, some companies planted trees that lost leaves and those were useless blocking shadow flicker. When it came to completing the project, council insisted the company remove much of the turbine’s concrete base. Council wants two metres of cement taken out, and that hole filled with topsoil so the land can be returned to farm.

The township is also going to be requiring letters of credit worth thousands of dollars to guarantee that all the liabilities of NextEra are covered.

That includes the scrap metal. It wants NextEra to bring a report to council on the value of scrap metal every three years. In many cases, the farmers can claim the scrap metal once the turbines have finished their contracts.

When it came to insurance for turbines in case of accident, Knetsch wanted to increase it from $500,000 per turbine to $1-million.

Driscoll said there could be “millions in environmental degradation. How far is that going to go? Suppose it blows up and spreads over two acres?”

Acting Building Inspector David Kopp said he wants the company to send the township proof of insurance every year it operates.

Whale said there should also be “spill insurance.” He said the problem is the township does not know what is in the landowner agreement.”

Sinnamon said that the U.S. agreements are becoming far more detailed as people there gain experience with turbines.

Knetsch said the township could use an actuary to determine what the costs might be down the road. He was concerned with “an environmental disaster. Who’s going to pay for that?”

Driscoll said council must be wary because the company is unlikely to pay for costs down the road it has not agreed in advance. “I don’t believe you’ll get it from them later.”

Council agreed it will ask for property values to be guaranteed within 5km of the turbines. Sinnamon said NextEra has stated there is no drop off in property values, but in the U.S. the company was asked to guarantee property values.

She said the company has entered into agreements on that in the U.S., “So they are [guaranteeing property values].”

Council’s debate on the issues lasted nearly four hours.

Afterwards, it also accepted a document from area residents who have listed their own concerns about the turbines.

The township has a deadline of July 9 to comment to the province, and if it meets that deadline, it can also comment further.

7/2/11 Better Plan is Back in the Saddle: What about the TWO MILE setback in Oregon state? AND What's all this noise about turbine noise in Michigan?

From Oregon State:

THE FUTURE OF WIND DEVLOPMENT

READ ENTIRE STORY AT SOURCE East Oregonian, www.eastoregonian.com 

July 1, 2011

By Samantha Tipler,

In the minutes after Umatilla County commissioners made their decision to approve tougher requirements for wind turbines, some people celebrated.

Others proclaimed it would be the end of the wind power business in Umatilla County.

Even the commissioners themselves were split, with Commissioner Bill Hansell voting against the two-mile setback requirement.

Exactly how these changes will affect wind power development has yet to be seen, but wind power advocates say it means the end to development in the county.

John Audley, deputy director from Renewable Northwest Project, a group advocating renewable energy, said he watched Umatilla County’s lawmaking process closely. He was disappointed in the result.

“I read this as the county saying go someplace else,” he said.

He was particularly taken by a map with two-mile setback circles around homes in a portion of Umatilla County. Those circles covered almost all the space on the map.

“There’s no opportunity for development,” Audley said. “My sense is that’s what the county wanted to say. They felt it was important to just say no.”

Elaine Albrich, with Stoel Rives of Portland, said likewise. She was personally at the meetings the county held, advocating for wind companies.

“While we understand the board had a difficult decision to make, we are disappointed in the outcomes and the process,” she said. “The impacts of the code amendment will vary from project to project but overall I can anticipate less economic development in the county from renewable energy development.”

Umatilla County Planning Director Tamra Mabbott said from her perspective, the changes to the laws will not close the door to wind development.

“We have clear objective standards designed to balance the interest of the developers and the interests of folks who will live near the development,” she said. “It’s not at all intended to foreclose development opportunities.”

In the past 15 years, Umatilla County has seen nine wind power operations sited in the county. That doesn’t necessarily mean they have been built, they’ve just passed the paperwork to be allowed to build.

There were three in 2009, two in 2002 and one each in 1997,2001, 2008 and 2011.

The 2011 wind farm — a roughly 100 megawatt project from a company called WKN Chopin LLC — started its paperwork in February, so it will not be subject to the new laws. It is still going through its permitting process, Mabbott said.

Any wind power companies applying after the commissioners made their decision Tuesday would have to go through the new process.

The biggest procedural change, she said, will be in the pre-application process. Rather than just consulting with other agencies, the county, the company and those agencies will have a meeting.

“With the pre-application meeting we get those comments right up front” Mabbott said. “That’s helpful for everybody involved, particularly with a real big project.”

The county regulations only apply to operations 105 megawatts and smaller. Larger operations are sited through the state.

Then it goes through the Energy Facility Siting Council.

Bryan Wolfe, of Hermiston, is chairman of that council, and he and his colleagues have been keeping an eye on the changes happening in Umatilla County.

“I know Umatilla County has done what they feel is necessary for them,” Wolfe said.

The siting council, too, has seen a need to revamp rules at the state level.

The council’s last two meetings bled with frustration over the inadequacy of the current rules.

The last two meetings have dealt with the Helix Wind Power Facility site amendment, doubling the size of the project. Though several members expressed dissatisfaction with that jump in size, the wind company met all the regulations, and the council approved it.

But even as the council members did so, they said things need to change. They’ve been waiting for the Legislature to wrap up before it begins that review.

Those state rules, set by the Legislature, haven’t changed in about a decade, Wolfe said.

“We should, in light of the knowledge we have, we should start updating things,” Wolfe said. “Yes, we are very aware of what the county is doing.”

When the state permits a wind farm application that would be placed in Umatilla County it considers local rules.

“When we site a project within a county,” Wolfe said, “the county has to sign off on their rules. And if the rules are more stringent than ours, then that will come into play in our decision for a state certificate.”

Wolfe was unsure if Umatilla County’s tougher standards, like the two-mile setback or the protection of the Walla Walla Watershed, would set a precedent in other counties.

Planing offices in Morrow, Union and Gilliam Counties said yes, they were aware of what Umatilla County was doing, but they did not know if it would affect them. Gilliam County — which, along with Morrow County, is where the largest wind farm in the world, Shepherds Flat, is planned — said it likely wouldn’t be affected because it is farther away from Umatilla County.

From Michigan

GROUP RECOMMENDS STRICTER NOISE LEVELS FOR MICHIGAN WIND FARMS

SOURCE: MICHIGAN STATE UNIVERSITY NEWS

June 30, 2011

We believe wind turbines will benefit our state by offering a viable source of alternative energy, but the public must be protected from risks to safety and health."

Specifically, the new report calls for noise levels not to exceed 40 decibels, much lower than the 55 decibels the state recommends now in its 2008 guideline.

EAST LANSING, Mich. — As the call for alternative energy grows louder in Michigan and more communities consider wind farms, a group led by a pair of Michigan State University professors has issued a report calling for stricter regulations on noise levels and providing zoning guidelines for local municipalities.

MSU's Ken Rosenman and Jerry Punch, along with retired Consumers Energy engineer William MacMillan, tackle four main issues in their report on wind turbines: physical safety, shadow flicker (caused by shadows cast when sunlight hits a turbine's turning blades), conflict resolution and the most contentious issue related to turbines: noise levels.

"We strongly recommend the state of Michigan consider our recommendations in revising its 2008 guideline on the placement of onshore wind turbines," said Rosenman, the chief of MSU's Division of Occupational and Environmental Medicine in the College of Human Medicine.

"We believe wind turbines will benefit our state by offering a viable source of alternative energy, but the public must be protected from risks to safety and health."

Specifically, the new report calls for noise levels not to exceed 40 decibels, much lower than the 55 decibels the state recommends now in its 2008 guideline.

"A level of 55 decibels or higher presents unacceptable health risks," said Rosenman, citing research from the World Health Organization that found repeated exposures to a level of 40 decibels at night lead to long-term adverse health effects such as cardiovascular disease, while shorter-term exposures are associated with sleep disturbances.

While the report says published evidence directly linking noise from wind turbines to adverse health effects is based on studies of airport and road traffic noise, "there is no reason to suspect wind turbine noise will have less of a harmful effect than noise from road traffic or airplanes," Rosenman said.

The report also sets guidelines on how to best measure noise levels and includes information on zoning waivers for municipalities.

Additionally, the report calls for a minimum distance from each turbine to the nearest residence or residential property line to provide adequate safety in the event of falling towers, blade failure or ice throw.

"But it can't be assumed that distances that protect against physical safety are adequate to protect against annoyance and sleep disturbance from noise," said Punch, a retired professor of audiology in the MSU's Department of Communicative Sciences and Disorders.

The report also sets out the process for municipalities to measure and predict shadow flicker, as well as ways to mitigate the problem.

Finally, Punch said, the report recommends several ways for municipalities to minimize complaints and disputes regarding wind turbines, including a mediation process as an alternative to litigation and "good-neighbor" payments to residents within pre-determined distances of wind turbines.

There currently are only a handful of wind farms operating in the state, but several municipalities are considering adding wind farms in the near future. Rosenman and Punch said they hope municipalities use the group's report as a guideline for zoning issues that arise when turbines are built. The report can be found at http://www.oem.msu.edu/userfiles/file/Resources/WindandHealthReport.pdf.

6/9/11 Problem? What problem? AND Things that go THUMP THUMP THUMP in the night AND Big Wind spends big money to strong arm little Minnesota towns AND Wind Industry knows it is killing Golden Eagles, Red Tail Hawks, Kestrals and more birds and also bats and still tries to pass as "green"

From Australia

HEALTH REVIEW PROMISED INTO WIND FARMS

READ ENTIRE STORY AT THE SOURCE www.abc.net.au

June 9 2011

By Sarina Locker

“I’m standing here because there is a problem,” Ms Bernie Janssen told the seminar. Ms Janssen says she didn’t object to the wind farm at Waubra, in Victoria in 2009, until she began feeling unwell.

“In May-June 2009 I woke in the night with rapid heartbeat, shortness of breath. I didn’t associate it then with wind turbines. In July, my GP noticed that my blood pressure was elevated.” She says she’s also felt body vibration, hypertension, tinitus, cognitive depression, sleep disruption, ear and head pressure.

She found out 37 people living up to 4km away from turbines began experiencing symptoms at about the same time.

The NHMRC’s hearing comes just one week before the Senate Inquiry in the impacts of windfarms is tabled in Parliament.

Many studies on so called wind turbine syndrome have been based on interviewing sufferers.But a Portugese environmental scientist is studying the physical effects of low frequency noise on the body. Dr Mariana Alves-Pereira of Lusofona University in Portugal has been studying vibroacoustics.

“We assess the effects of noise based on medical tests, so they’re objective medical tests. If we go in what we’ll do is get echo-cardiograms, we’ll do brain studies.”

Dr Alves Pereira has degrees in physics, biomedical engineering and a phD environmental science. She bases her research on her earlier work on aircraft workers, dating back to the 1980s who’ve been exposed to high levels of noise, up to 200Hz. “Noise in the aeronautical industry is very rich in low frequency components,” she says.

She found a specific set of symptoms associated with people exposed to low frequency noise, but says these levels are much lower than the levels of low frequency noise in houses near windfarms. She says they studied one family and their horses near a windfarm, and the biological response of their tissues which she says relates to exposure to low frequency noise.

UK based noise and vibration consultant Dr Geoff Leventhall says the media has been running scare stories about infrasound since the 1970s. He cites NASA’s research with Apollo space program found no impact.“The sort of energy exposure from the NASA work over 24 years would take a few thousand years to get from wind farms at the low levels that they have.”

He rejects the theory of a direct physiological effect of infrasound, he says it’s an assumption. He says what annoys people is the audible swish of the blades not infrasound.

Renowned anti-smoking campaigner, public health Professor Dr Simon Chapman has entered the debate and says it’s a noisy minority who say they suffer from the noise. Dr Chapman argues compensation from wind turbines situated on your farm could be the antitode. “People who move to the country, often will feel don’t want their environment disturbed.. and they’re annoyed to see wind farms unless they’re benefitting economically from them.”

He doesn’t see the need for more research, because it might hold up development of wind power. Despite the scepticism, Australia’s peak body supporting health research the NHMRC will conduct another review of the evidence over the next 12 months.

From Massachusetts

TURBINE TALK: NEW STATE PANEL TO STUDY HEALTH EFFECTS

READ THE ENTIRE STORY AT THE SOURCE: FALMOUTH BULLETIN, www.wickedlocal.com

June 8 2011

By Craig Salters

Terri Drummey told the crowd that her son refuses to sleep in his bed because of the “thumping” and was having problems at school until the turbine was curtailed.

Falmouth selectmen organized a Monday night forum to discuss the issue of wind turbines and received a standing-room-only crowd of state and local officials, expert consultants and mostly angry residents.

Discussions of noise, low frequency noise, shadow flicker, proper setback distances and possible health effects from the turbines dominated during the more than three-hour meeting.

The final portion of the meeting was reserved for the comments of abutters to the town’s Wind 1 turbine at the Falmouth Wastewater Treatment Facility. Those residents shared stories of sleepless nights, headaches and other ill effects they say are brought on by the turbine.

Regardless of this or that study, they told the board, there is a problem with the nearly 400-foot, 1.65-megawatt turbine, which has been operational for more than a year but is now curtailed during strong winds in a nod to residents.

“Clearly there is a problem. We are not complaining just to complain,” Blacksmith Shop Road resident Dick Nugent told selectmen after pointing to the packed auditorium at the Morse Pond School. “We don’t expect you to have all the answers but we do expect you to take it and run with it.”

The entire auditorium received a bit of news early in the meeting when Steven Clarke, assistant secretary at the state’s Executive Office of Energy and Environmental Affairs, announced that a panel will be formed this week to specifically study any health effects regarding the sounds from wind turbines. That panel will be comprised of representatives of the state’s Department of Environmental Protection and its Department of Public Health.

“Right now, the focus is on sound,” Clarke told the audience.

Regarding possible health effects, Gail Harkness, chairwoman of the Falmouth Board of Health, said that board has been meeting with concerned residents for the past year and now receives bi-weekly updates at its regular meetings She said reported health effects include sleep disturbances, fatigue, headaches and nausea. The board has created a database of information on the issue and has also developed a wind turbine complaint and/or comment form which will be available online.

Patricia Kerfoot, chairwoman of the planning board, lauded the town for its decision to have a one-year moratorium on new wind turbine projects while more information is collected and regulations are formulated. “First and foremost, the planning board is here to listen,” Kerfoot said.

Kerfoot and others had plenty to listen to. There was Chris Menge of Harris Miller Miller & Hanson, the project manager of a noise study on the Wind 1 turbine. He discussed the results of the analysis including additional clarifications requested by the state. According to Menge, Wind 1 did not exceed noise limits but there would be trouble between midnight and 4 a.m. after Wind 2 goes into service. He recommended shutting down one of those turbines at low wind speeds during those hours.

But there was also Todd Drummey, an abutter, who used data available from the studies to point to different conclusions. Drummey said Menge’s claim that the turbine is less intrusive at high wind speeds is contrary to the experience of residents.

“The wind turbine is annoying at low speeds,” Drummey said. “It’s intolerable at high speeds. It drives people out of their homes.”

Drummey was joined by Mike Bahtiarian of Noise Control Engineering, a consultant hired by the resident group. His major point was that amplitude modulation, or what he called “the swishing” of the turbines, needs to be considered.

Stephen Wiehe, a representative of Weston & Samson, discussed the financial aspects of the municipal turbines while Thomas Mills and Susan Innis, both of Vestas, discussed the mechanical details of the turbine itself.

Malcolm Donald, an abutter from Ambleside Drive, discussed the concerns of turbine malfunction and the potential of ice being thrown from the blades. However, probably his most compelling testimony concerned “shadow flicker,” which is the rhythmic flashing of sunlight and shadow caused by the spinning blades. He showed the audience a video shot from inside his house where, looking through the window, the shadow of the blades can be seen moving repeatedly across his lawn.

“The inside of the house looks like a disco in the morning,” he said.

Terri Drummey told the crowd that her son refuses to sleep in his bed because of the “thumping” and was having problems at school until the turbine was curtailed.

“He’s happily brought his C’s and D’s up to A’s and B’s within days,” said Drummey. “Let me repeat that: within days.”

Falmouth selectmen have scheduled a July 11 meeting to follow up on further discussion of the turbines.

Selectmen Chairwoman Mary Pat Flynn thanked everyone for attending the forum but singled out residents for sharing their experiences.

“Certainly they were very personal and right to the point,” she said.

READ MORE ON FALMOUTH TURBINES BY CLICKING HERE: falmouth.patch.com

"Terri Drummey referred to the turbine issues as “the so-called Falmouth Effect,” and described the difficulty sleeping and concentrating which she said had led to her 10-year-old son’s declining grades, as well as her daughter’s headaches, and the ringing in her husband’s ears.

“We are the unwilling guinea pigs in your experiment with wind energy,” she said.

WIND GROUPS SPEND BIG ON LOBBYING

 READ ENTIRE STORY AT THE SOURCE: The Post-Bulletin, www.postbulletin.com

June 8, 2011

By Heather J. Carlson,

ST. PAUL — Two wind companies with plans to build wind farm projects in Goodhue County shelled out $480,000 in lobbying expenditures in 2010, according to a new report.

AWA Goodhue, which has proposed a 78-megawatt project, spent $380,000 on lobbying. That company ranked 17th highest when it came to lobbying expenditures in 2010, according to the report released by the Minnesota Campaign Finance and Public Disclosure Board. Geronimo Wind, which is also looking at installing turbines in Goodhue County, spent $100,000.

Zumbrota Township resident Kristi Rosenquist, who opposes the wind project, said she was “shocked” when she saw how much AWA Goodhue spent on lobbying.

Who spent what

AWA Goodhue, $380,000

Geronimo Wind, $100,000

EnXco, $40,000

Juhl Wind, $40,000

Minnesota Wind Coalition, $40,000

Lake Country Wind, $20,000

Renewable Energy Group, $20,000

Windustry, $8,500

Total: $648,500

Source: 2010 Lobbying Disbursement Summary, Minnesota Campaign Finance and Public Disclosure Board