Voicing My Vexation

Many of you have followed along or participated in the Bowers wind project proceedings.  For that, many other people owe you thanks.  I ask that you continue to stay involved, because the developer is employing new and more devious tactics in an attempt to have its way.

On October 19th, Maine's Land Use Regulation Commission took a 'straw vote' on First Wind's permit application for the Bowers Wind Project.

LURC Commissioners voted unanimously to instruct staff to draw up a decision document DENYING a permit for the project.

Today, First Wind's attorney Juliet Browne submitted a lamentful appeal to LURC, requesting permission to 'withdraw' their application.  Employing the same tactics used last year during Trans-Canada's Sisk wind project application process, Ms. Browne is making an end-run, attempting to circumvent established procedures with deceitful tactics.

The letter Ms. Browne sent to project manager Fred Todd will most likely be posted HERE in a day or two.  In the meantime, here is my response to First Wind's request:

**********************************

November 8, 2011

Fred Todd, Project Manager

Land Use Regulation Commission

Augusta, ME 04333

Dear Fred;

As a citizen of Maine, I am writing this letter in response to the request LURC has received from First Wind’s attorney, Juliet Browne, of Verrill Dana LLP.  In regards to FW’s (Champlain Wind LLC’s) permit application #DP4889 for the Bowers Wind Project, Ms. Browne “respectfully requests that (First Wind) be allowed to withdraw its application for the purpose of reconfiguring the project…”

The applicant also generously offers to “extend the deadline for the Commission to issue a final decision…through January, 2012…”

Confronted with an imminent “deny” decision, the applicant is playing fast and loose with the state’s resources and is gaming the system.  Juliet Browne was a member of former Governor Baldacci’s wind task force which designed LD 2283, the so-called “expedited wind permitting law”—aka the “Maine Wind Energy Act”.  Due to the passage of this law, citizens in 2/3 of the state of Maine have been disenfranchised.  Our communities were rezoned without our input, and our right to “have a say” was sharply curtailed.  In addition, citizens were suddenly required to abide by a law wherein a tight time-frame was mandated in which our regulatory agencies must make decision on wind development applications.  DEP and LURC must ‘expedite’ these applications, and deny or approve within 6 months if there is no public hearing; and within 9 months if a public hearing is granted.  You have no options, and the public has no option—we must abide by the law.  And yet, First Wind, a company from another state, is graciously granting a Maine state agency an extension of time?

The unmitigated gall!

I have never been in favor of LURC’s taking of a ‘straw vote’, as (in my opinion) it is an invitation for an unscrupulous developer to do exactly what First Wind is doing.  It gives them a ‘heads up’ that they are not going to receive their permit and opens up this new avenue in an already difficult and expensive process.  Ms. Browne’s tactics were somewhat successful when she pulled this same rigmarole for Trans-Canada in the Sisk application process in the summer of 2010.  After taking a straw vote wherein Commissioners voted to deny the project, LURC later proceeded to approve an altered application for Sisk.   Whether or not the process was properly administered is now under debate and LURC and Maine citizens are waiting for a Law Court verdict on the appeal of that decision.

While I am not a fan of the Wind Energy Act, I (and each Maine citizen) have been obliged to abide by it until such a time as it is repealed.  First Wind and every wind developer looking to build grid-scale wind energy plants in this state must do the same.  They cannot have it both ways.  They cannot expect to benefit from their own law when it suits them; but then bend those rules, or expect special dispensation when that same law works against them.

I urge you to deny Ms. Browne’s request to withdraw First Wind’s application.  Additionally, I urge you to send a strong message to the developer.  LURC is not theirs to manipulate, nor is the DEP.  And our laws must be obeyed, whether they work as the wind industry planned, or not.  If First Wind would like to lead the charge in repealing the Wind Energy Act, with its tight time constraints and less stringent standards for development, many Maine citizens will step forward to offer them their support.  Until that time, they’ll have to play by the rules they set in motion.

If First Wind is allowed to withdraw from this lengthy process at a point where it has almost reached its conclusion, you will do a huge disservice to the people of Maine.  And if you allow withdrawal and First Wind is allowed to reapply for a wind project permit in Carroll Plantation or Kossuth Township in the future, I urge LURC to require an additional application fee of $100,000.00 above and beyond that fee which is normally required.  Intervenors such as PPDLW have spent tens of thousands of dollars opposing this project, and that money was raised one dollar at a time by individuals who were committed to doing what they believed was right—and who were constrained by the Wind Energy Act’s mandates and stipulations in how they could oppose the project.  Additionally, the hundreds of citizens who took part in this process must be reimbursed, as well.  Many Mainers lost several days’ pay, and spent money for gas, food and lodging as they traveled to the various LURC meetings and public hearings.  We do not have the resources that large corporations such as First Wind have, and if this developer is going to be allowed to game the system, they must pay for the privilege.  They must reimburse the People of Maine.

First Wind lost.  The system is designed so that those who are unhappy with a decision have the right to appeal.  I request that LURC Commissioners not allow themselves to be swayed by the applicant.  I urge LURC Commissioners to stand firm and sign a decision document on December 7, 2011, denying First Wind’s Bowers Mt. permit.

Ms. Browne can appeal LURC’s decision in the very same way Maine citizens can, or she can recommend that her client move on, recognizing that Bowers is one of those places in Maine which is worthy of being protected from industrial development.

Thank you for your time and attention.  Please feel free to call me with any questions.

Sincerely,

Karen Pease

Lexington Twp., Maine

　

　

　

　

LURC Voices Decision to Preserve the Downeast Lakes Watershed

Three days ago, approximately 50 people gathered at the Waterfront Event Center in Lincoln to hear LURC Commissioners give their final deliberations on First Wind’s permit application for the Bowers Wind Project.  This has been a long process, with First Wind (Champlain Wind LLC) submitting their application on January 21, 2011.  On March 14^th, it was accepted by LURC staff as complete for processing, and the “expedited wind clock” began ticking.

Under the Maine Wind Energy Act, which designated 2/3 of the state of Maine as an “Expedited Wind Permitting Area”, regulatory agencies such as LURC and the DEP must fast-track wind development permits.  Once an application is deemed ‘complete’, a decision is required within 180 days if no public hearing is granted and within 270 days if the citizens of Maine are allowed the opportunity to participate in the process.

Tick-tock-tick-tock…

The Partnership for the Preservation of the Downeast Lakes Watershed (www.ppdlw.org) a nonprofit organization committed to protecting the beautiful Downeast Lakes region, applied for “intervenor status”, as did the Natural Resources Council of Maine (NRCM) and the Conservation Law Foundation (CLF).  Citizens David Corrigan and Gordon Mott also intervened.  First Wind’s plans for Bowers had been in the works for months, and finally, the wait was over.  The clock was ticking. 

Suddenly there were deadlines to be met and procedures to follow.  But before the intervenors could file any comments or submit pre-filed testimony, the long and complex permit application had to be examined.  First Wind’s consultants and attorneys had had months to prepare the application; but intervenors had only weeks to study hundreds of pages of text and graphs, maps and photos.  Only days to request a public hearing.

Tick-tock-tick-tock...

PPDLW is an all-volunteer organization, supported by locals and by non-residents who recreate in the Downeast lakes region.  The people of the Bowers Mountain area were fortunate to have several dedicated, hard-working and tenacious people prepared to mount a stiff opposition to First Wind’s 27 turbine project which—if permitted--would tower over Junior, Scraggly, Pleasant, Duck, Keg, Bottle and Shaw Lakes, among others.  Pre-filed testimony was filed.  A pre-hearing conference was attended.  The dates for Public Hearings were set.  June 27^th.  June 28^th.  July 6^th.

Tick-tock-tick-tock…

I was able to travel to Lincoln to attend the technical and public hearings, and to go on the site visit, which included bus trips to the targeted ridges and a boat ride on some of the lakes which would be impacted by the project.   The three hours I rode the waves on Junior and Scraggly Lakes were some of the most enjoyable hours of my summer.  Working on ‘wind’ keeps me chained to the computer or on the road traveling, and during the last two years I have missed spending time outdoors and on the water.  The hours spent with friends as we toured those beautiful lakes were well worth the sunburn I received—the only bit of color I got all summer long.

That first evening (Monday) marked the commencement of the public testimony portion of the hearings.  Tuesday was reserved for the technical hearing, with the public testimony concluding that evening.  Citizens spoke overwhelmingly in opposition to the Bowers project.   Most who spoke in favor of the wind development stood to gain financially if the project was approved.  Conversely, many who spoke against the industrial facility believed the project would cause them economic hardship and negatively impact their quality of life.

First Wind’s attorney Juliet Brown (Verrill Dana) spearheaded the company’s defense of their proposed project.  Environmental engineers, consultants, a visual impact expert, survey results…the wind developer pulled out all the stops.  Conservation Law Foundation supported First Wind by speaking in nebulous terms about the positive impact the project would have on reducing greenhouse gas emissions.  They also called an “expert” who attempted to convince Commissioners that wind energy would reduce electricity costs in Maine.

NRCM dropped out as intervenors a few days before the public hearing and on the first night of testimony, Kathy Johnson, North Woods Project Director, testified “neither for nor against” the project.   However, her testimony spoke volumes about the region’s value:

“Both the applicant and Palmer (LURC’s Scenic Expert) underrate the significance of the nine lakes with significant or outstanding scenic resources…The Appalachian Mountain Club…describes this loop as “one of the best quiet-water loop trails in the state, especially when one detours for a few days into Scraggly Lake…””

The PPDLW group, working independently and without legal representation, presented a powerful case; explaining to the Commissioners that the beauty and uniqueness of the watershed was the lifeblood of the region.  Residents’ livelihoods are tied to the lakes, many of which are classified as scenic resources of state or national significance.  Testifying for PPDLW and David Corrigan were local guides and sporting camp owners who live and work in the area.  No others could defend the region with such knowledge and expertise.

Tick-tock-tick-tock…

The public hearing concluded in Bangor on July 6^th, and parties had until July 26^th to respond to the comments submitted.  Closing statements were presented at the October 5^th LURC Commissioners’ meeting in Ellsworth and deliberations began immediately following those statements.  It was decided on that day to continue deliberations in Lincoln on October 19^th and to take a “straw vote” at that time; in order to instruct staff on what type decision document to draft for the December 7^th meeting.  The 270 day window is closing fast.

Tick-tock-tick-tock…

On Wednesday, October 19, 2011, LURC Commissioners voted unanimously to instruct staff to prepare a decision document to deny First Wind a permit to build a wind energy project on Bowers Mountain in Carroll Plantation and Dill Hill in Kossuth Township.  They plan to meet in Lincoln again on December 7^th to take the official vote, but for all intents and purposes, the case has concluded.

The Bowers wind project is the first industrial wind project to get denied since LD 2283 was passed in May of 2008.  We’ve heard LURC commissioners say it over and over again: They feel as though the Wind Energy Act is a directive to approve grid-scale wind projects.  The Legislature created LURC and the Legislature passed the expedited permitting law.  They have stumbled over that fact often in the last several years.  And yet, in March, Department of Conservation Commissioner Bill Beardsley said this to the Commissioners:

“The important factor to me is that your board-- you all can say ‘no’. There is nothing about the expedited process that says it’s easier to get a ‘yes’.” 

What a relief it was on Wednesday to see that they ‘get it’.  That they understand and agree that just because wind facilities have been given special privileges--it doesn’t mean they are suitable to be placed on every horizon in the state of Maine.

LURC Commissioners have indicated they intend to deny the Bowers project, but that doesn’t mean that opponents are resting on their laurels and enjoying a well-deserved respite.  Citizens have witnessed the shenanigans of the wind industry time and again, and they are wondering what will come next.  It hasn’t escaped notice that Ms. Browne was also Trans-Canada’s attorney of record during the Sisk Mountain application process last year. 

In July of 2010 LURC decided to DENY the Sisk Mountain wind project, and instructed staff to draft a decision document to that effect for the August 4, 2010 meeting.

  http://www.maine.gov/doc/lurc/projects/Transcanada/Transcanada_PendingDevel.shtml

But once LURC’s straw vote was taken, Trans-Canada’s attorneys scrabbled to find ways to ‘mitigate’ the damage to the environment that the Sisk wind project would cause and they quickly created a new, revised application which reduced the number of turbines in the development.

Unfortunately, LURC was swayed by the developer’s new arguments and new application and they granted Trans-Canada’s permit for the Sisk Wind project in January of 2011.  (The Friends of the Boundary Mountains have appealed LURC’s decision to the Law Court and their case was heard on September 14^th.  They are currently waiting for the judges to make a ruling.)

The two projects and the issues involved are vastly different and yet, the fact that LURC was convinced to change their vote is troublesome to citizens who spend vast amounts of time, energy, emotion and financial resources to make their case against a particular development.  If a wind company can simply change the game mid-stream by supplying an altered application or paying more ‘mitigation’ funds, where is the due process?  Is that not favoring large and powerful corporations while disenfranchising Maine citizens?

I don’t believe First Wind can salvage the Bowers project.  There are no measures which could be taken which would make the project acceptable in the Downeast Lakes watershed.  Scenic impact simply cannot be mitigated. 

The LURC Commissioners were touring the Downeast Lakes in a pontoon boat on that same late June afternoon when I got my sunburn.  They explored the inlets and coves, viewed the islands and wooded shorelines.  When the flotilla’s motors were off, Commissioners heard the sweet sound of water lapping against the hull and the haunting call of nesting loons.  They felt the warm breeze lift their hair and the hot sun kiss their cheeks.  They watched the clouds scudding through the azure sky and viewed the jagged peaks of evergreens on the horizons. 

There is simply no way to mitigate that.

These are the words Governor LePage spoke in Rockport on June 18^th  when referring to industrial wind projects:

"They are doing an awful lot of damage to our quality of life, our mountains… I don't think it's going to lower the cost of energy.  I think in 10 years we're going to be like Sweden and Denmark and we're going to be swearing at ourselves."

Let’s not wait ten years.  Let’s not suffer regret because we sat back and did nothing.  Let’s take a page from the playbook of the PPDLW and protect and preserve Maine now, before 300 miles of our mountains and thousands of acres forest and shorelines are sacrificed for massive, inefficient, unreliable and extremely expensive wind turbines.  Let’s forge ahead and work to encourage an energy policy based on science and economics.  In doing so, our Legislature will be convinced to repeal that damaging law which set this travesty in motion.  The Wind Energy Act was based on a presumption of benefits—many of which have been shown to be inaccurate or non-existent.  It’s time for facts to drive our policies and not vague assumptions that wind is a panacea for our energy concerns.

LURC Commissioners made a wise decision about a difficult issue.  Their job is not easy and I believe they agonize over their votes each time they must cast them.  I hope that they feel at peace with the verdict they arrived at for the Bowers project. 

I have no doubt that an hour spent on Pleasant or Junior or Scraggly Lake would remind them of exactly what tranquility is all about.

Voices Protecting Bowers Mountain

This is the press release which was sent out in conjunction with a press conference sponsored by PPDLW back on December 16, 2010. As we prepare to help our friends Downeast in their effort to protect Bowers Mountain and the Downeast Lakes Watershed, I thought this would be a good time to post it here on VOW.

PPDLW Contacts: Kevin Gurall, President (kevin@ppdlw.org)
Gary Campbell (gary@ppdlw.org)

Partnership for the Preservation of the Downeast Lakes Watershed (PPDLW) is a nonprofit organization dedicated to the long-term preservation of Maine's Downeast Lakes Watershed through conservation, environmental action and opposition to inappropriate industrial or commercial development. We are currently devoting all our efforts to stopping an industrial wind project in Carroll and Kossuth being planned by Champlain Wind LLC (First Wind). The project, known as Bowers Mountain, will permanently damage the significant recreational economy of the Downeast Lakes watershed. It will threaten the jobs of many guides and the future of many sporting camps.

Today we are joined by the Maine Professional Guides Association and the Maine Sporting Camp Association to voice our opposition to land-based wind projects like Bowers Mountain. We ask Governor-Elect LePage to place a moratorium on grid scale industrial wind projects until scientific cost-benefit studies of the projects currently online can be completed. In addition, we ask that the legislature repeal the Expedited Wind Permitting Law (LD 2283) because it fast-tracks the destruction of Maine’s scenic character and derails the recreational economy that depends on it. We are not against renewable energy, nor are we opposed to wind-generated energy when it is sited intelligently. When industrial wind runs up against the Quality of Place that is Maine’s stated brand, none of us can afford to remain silent.

The Bowers Mountain Project

Although First Wind changes the number of turbines planned from one week to the next, their most recent statement calls for a column of 28 turbines stretching from Bowers Mountain in Carroll to Dill Ridge in Kossuth. Each of these Siemens 2.3MW turbines will rise 428 feet above the ridgeline and weigh 304 tons.

Since the Bowers/Dill ridgeline rises 800’ above the level of the surrounding lakes, these turbines will be more than half again as tall as the ridgeline. They will tower over the entire Downeast Lakes region and become a permanent scar on the horizon both day and night, affecting the greatest concentration of Class 1A and 1B lakes in the State (LURC’s Wildlands Lake Assessment).

PPDLW sees the Bowers Mountain Project as a monumental threat to the Downeast Lakes Watershed:

It will harm the ecology, visual beauty and Quality of Place of the Downeast Lakes Watershed. This will in turn impact the area’s outdoors-based economy: guides, sporting camps, outfitters and all supporting businesses. Visitors who have been coming to the region for generations will simply decide to go elsewhere.

The network of 60’ wide roads, the high and low frequency noise, the use of herbicides, the lights and blades spinning at 190 mph, will all impact the natural habits of wildlife.

The roads, blasting and erosion will silt the brooks that form the headwaters of the watershed that hosts the purest strain of landlocked salmon in the state.

Flashing strobe lights on the towers will punctuate our magnificent dark night sky.

Permanent jobs and a way of life will be sacrificed for a very small amount of electricity that will not even benefit the region.

We call on the incoming administration and the people of Maine to recognize that this region and all the wild lands of Maine deserve to be protected for future generations to enjoy.

PO Box 336, Augusta, Maine (ME) 04332-0336
E-Mail: info@maineguides.org

The Maine Professional Guides Association urges the State of Maine to recognize and address the adverse economic impact that industrial scale wind farms can cause to Maine’s guides. The unspoiled lands, waters and natural character of inland Maine's landscape are what attract clientele to our Association's doorsteps. Without these elements, the livelihood of the Maine Guide and the quality of outdoor recreation in Maine will be irreplaceably lost. Unfortunately, industrial scale wind power projects have far reaching impacts well beyond the actual project site. Their visual and audible impacts, both day and night, can extend far and are in direct conflict with the very characteristics that bring our clients to Maine. Our current knowledge of the impacts that these wind farms may have on wildlife large and small is insufficient to provide comfort to those of us who depend on that resource for our economic survival.

The Maine Professional Guides Association is not philosophically opposed to all wind energy. The rates that our businesses pay for electricity are a heavy burden. However the current government supported model is not economically viable. Improperly placed industrial scale wind farms threaten the traditional sporting economy, employment incomes, and small businesses that make up our Association. We request that the State revisit its current goals for wind power projects and put into place measures that both recognize and protect the guiding profession in Maine.

HC 76 Box 620 Greenville, ME 04441 info@mainesportingcamps.com
The Maine Sporting Camp Association urges the State of Maine to recognize and address the adverse economic impact that industrial scale wind farms can cause to Maine sporting camps. The unspoiled lands, waters and natural character of inland Maine's landscape are what attract clientele to our Association's doorsteps. Without these elements, the livelihood of the traditional Maine sporting camp will be irreplaceably lost. Unfortunately, industrial scale wind power projects have far reaching impacts well beyond their actual project site. Their visual and audible impacts, both day and night, can extend far and are in direct conflict with the very characteristics that attract our guests to Maine.

The Maine Sporting Camp Association is not philosophically opposed to all wind energy. But improperly placed industrial scale wind farms do threaten the traditional sporting economy, employment incomes, and small businesses that represent our Association. Our Association strongly requests that the State revisit its current regulations for wind power projects and put into place measures that both recognize and protect the historic Maine sporting camp industry.