Vinalhaven Island Neighbors Win Round in Superior Court

One of the Fox Island Wind turbines on Vinalhaven Island, seen in the moonlight.  The turbines must be lit with flashing red lights to warn aircraft of their presence.

Neighbors living in the shadow and sound-shed of the Fox Island Wind turbines on Vinalhaven Island have been trying to get relief from the debilitating, near-constant noise for two and a half years.  Almost 2 years ago, Maine's Department of Environmental Protection found that the wind facility was out of compliance with the State's noise regulations--but FIW has not been forced to comply.  The story is complicated, but the issue is simple.  The wind facility (FIW) often operates outside the parameters set by law.  The wind facility has not been made to comply.  FIW has been allowed to thumb their noses at Maine Law and at citizens on the Island.  The DEP has not protected the People who are impacted and who have lost their quality of life.

This week, a Superior Court judge ruled in favor of the Neighbors, who petitioned to review the Conditional Compliance Order which DEP's Commissioner issued last summer.  When their motion was filed, FIW then requested the court dismiss the Neighbors' petition. 

Items of note: DEP had issued a Conditional Compliance Order requiring that FIW regularly demonstrate compliance and shut down operations if they weren't in compliance.  The wind facility was also told to post for the public its data on operations, sound and meterological data.  FIW objected to the DEP's order, and "negotiations continued".

Pardon me for this aside...but,  if "Joe Citizen" broke the law--and especially if the law he broke harmed others--he would NOT be allowed to "negotiate"!  How is it that a wind developer is allowed to arbitrarily decide it doesn't need to comply with a Maine law?

Is the system corrupt, or merely incredibly unfair and biased?

The story gets better.  On June 20th, Patricia Aho became Acting Commissioner of the DEP.  Her most recent job was as a lobbyist for Pierce Atwood, the legal firm representing FIW.  Did she recuse herself from having input on the FIW debate once she was directing the agency charged with forcing FIW to comply with DEP regulations?  Certainly not.  In practically her first official action in the DEP, she issued a final Conditional Compliance Order for FIW, and removed the Appendix which required that FIW affirmatively test for compliance, shut down operations when not in compliance, and post their meterological and operational data for the public, which effectively insulated FIW from any further regulation.  This Appendix, so haphazardly thrown out, had been written/recommended by DEP staffers who had worked exhaustively for months on the FIW issue.  In one fell swoop, their hard work was dismissed out of hand.

So, yes; the Neighbors filed a motion to review the Conditional Compliance Order--and FIW filed a motion to dismiss, stating that the Court lacked the jurisdiction to review.  And on March 20, 2012, the Kennebec County Superior Court Justice denied FIW's motion to dismiss the Neighbors' petition to review the Conditional Compliance Order.

Read the New York Times article on this judge's order here. 

To view the decision and other relevant documents, please visit the Fox Island Wind Neighbors website.

Windfall... the "Other Side of the Story"

 

Maine citizens have been hosting the award-winning independent film “Windfall” in different locations around the state for the last five weeks, to coincide with the documentary’s theatrical debut in New York, Chicago, LA and Seattle.  Film-maker Laura Israel’s “Windfall” records the experiences of residents in up-state New York when wind developers came to their towns proposing industrial wind facilities. 

Of particular interest has been the wind industry’s reaction to this documentary.  “Windfall” is not an anti-wind film; it is pro-education and pro-community.  However, in multiple “Windfall” venues, the wind lobby has attempted to insert itself into the program arranged for and set up by volunteers in towns from Fort Kent to Unity, and Farmington to Bar Harbor.  Crying ‘foul’, some leading wind lobbyists began requesting of the sites’ owners that they be given equal time at “Windfall” screenings, in order to offer ‘the other side of the story’.  They wanted to hang posters on the theater doors.  They wanted the host schools and libraries to allow industrial wind propaganda to be handed out during the screenings.  They even wanted to be allowed to show the film “Islands in Wind” before audiences viewed “Windfall”.

The pro-wind film “Islands in the Wind” has been shown several times in Maine, with much fan-fare.  At those times, the wind industry never believed in telling “the other side of the story”.  Nor has it made it a practice to invite an opposing view every time wind developers moved into Maine towns with sales pitches designed to encourage support for the industrial developments they wish to build on the mountain summits in those towns.

The wind industry has had more than six years to convince Mainers of the value of their high-cost, low-value product.  We’ve heard the rhetoric—wind will ‘get us off foreign oil’, ‘reduce greenhouse gasses’, make us ‘energy independent’.  Those arguments have been debunked by science and economics—but still they persist.  I expect the tag lines will continue to be repeated until sufficient numbers of Maine citizens take the time and opportunity to do independent research about this important topic and discover the deception that lies within.  When there are millions of tax-payer dollars at stake, what else can the wind industry do but continue to repeat the same tired arguments which worked so well in the past? 

But let’s not be disingenuous. Wind developers aren’t interested in educating Mainers. If they were, ‘the other side of the story’ would have been told from the very beginning.  The wind industry would not force Maine citizens to sign gag orders when it buys their properties because the homes in the shadow of its developments have become uninhabitable.  It wouldn’t force property owners to sign away their rights to complain about specific developments when they agree to lease their ridge-top land.  And if it respected ‘the other side’ the wind industry would happily comply with DEP sound standards when its wind facilities are found to be out of compliance.  But here in Maine, none of those scenarios are the reality.

In truth, the wind industry wouldn’t be having such a strong reaction to a simple film like “Windfall” if it didn’t feel defensive of its product and threatened by this honest portrayal of what happened in two rural communities when Big Wind came to town.

“Windfall” will be out on DVD very soon.  I encourage Mainers to watch this film and learn from the experiences of our fellow Americans.  And if you want the other side of the story, I encourage you to watch “Islands in the Wind”, as well.  I will be happy to help you obtain copies of both films.  I will also connect you directly with “Windfall” film-maker Laura Israel and with residents of Vinalhaven; the Maine island community portrayed in “Islands in the Wind”.   Get both sides of the story, and then… take a stand.  Please.  We are on the cusp of losing our storied “Quality of Place”.  The least we can do is attempt independent research into both sides of the story to determine if the prize is worth the price.

 

Wind Subsidies--the Production Tax Credit is Opposed by Senator Lamar Alexander

From the Chattanoogan.com:

Alexander Opposes Production Tax Credit, Wind Industry Subsidy

Wednesday, February 15, 2012

In a speech Wednesday on the floor of the United States Senate, Senator Lamar Alexander called on Congress to reject any efforts to “put in the payroll tax agreement a four-year extension of the so-called production tax credit,” calling it “a big loophole for the rich and for the investment bankers.”
Senator Alexander said: “Let's not even think about putting this tax break for the rich in the middle of an extension of a tax deduction for working Americans this week. Let's focus on reducing the debt, increasing expenditure for research, and getting rid of the subsidies.

Read the rest of the story here.

The Voice of Another Victim

The letter below is real, but the names have been changed.  The letter was written in response to the distress of a resident of Falmouth, MA whose life and health have been adversely impacted by wind turbine noises.

It’s time to take a stand.  There are victims just like Dawn all around the globe.  Victims who are being ignored, ridiculed and vilified because—if they are taken seriously—the mass proliferation of grid scale wind will have to stop.

And then the wind industry will find that its free ride is over.

That industry is going to fight tooth and nail to make sure that victims of turbine sounds are ignored.  They have to—they are fighting for their wealth.  But WE are fighting for our health.  For our happiness and quality of life.  We’re fighting for human decency and common sense.

We’ll win—but only if we stand together and don’t back down.  If you aren’t angry already, it’s time to get that way.  Enough is enough.

******************************* 

Hi Lily,

I know your situation all to well. My home sits empty in Clear Creek Ontario. My life of hell started in the fall of 2008. Yesterday was a very bad day for us. Spirits are very low. My son and I had a discussion just last night. We talked about people and money; people not caring about others; the humiliation we have felt; the fight that is ahead of us; the scars that will be with us for the rest of our lives. As yourself, my government and the wind companies have destroyed my life. They almost killed me. I am not out of the woods yet.

I  went to my home today; my home where I cannot live.  I still have some of my things there, where I had left them. I walked the property, looking at the trees I had planted over the years; looking back at a life that no longer exists, or ever will. It was very sad.I drove around the concession, again surprised at yet another new real estate listing and even more vacated houses. Approximately one in three houses are empty. Two of the vacant homes were homes of young families with children. I was glad they  were able to leave. Others have left; a few have passed on. I consider myself fortunate that my son had the sense to get us out of there. Today I tolerated a half an hour of exposure to low frequencies. When I left, I had started to become lethargic; I was dizzy; nauseous. My head hurt. I felt such pressure.

Each day is tough. Last night we also  talked about others who had it worse than us; kids who are sick and hungry. When the going gets tough, I remind myself I  am warm, I have a place to lay my head and enough food. I take it one day at a time.  I walk, lots. I meditate. It helps.

I attended a meeting with our department of health on Thursday night. As yourself, my son cannot bring himself to attend any more of these gong shows. I went to support Joanna and others presenting deputations. I returned to the place I stay, very upset and angry because of the ignorance displayed by some of the health officials.

A neighbor from home  told me last night, I must not give up. If you give up they win. Ironically these are the same words I said to my son just a short time earlier. I also told him, as others have told you; he needs to take a time out. Rest and recharge. I know, easier said than done.

Have faith and comfort knowing there are many who are going to bat for people like us. Hang in there. Life may not be the same; but it will get better.

Take care,

Dawn

Anti-wind group backs LePage in fight against renewable energy initiative

Spruce Mountain, Maine...before Patriot Renewables' wind project
Leola Ballweber Photo

From the Sun Journal:

AUGUSTA — Friends of Maine's Mountains, a group that opposes the proliferation of grid-scale wind power, announced Thursday that it's supporting Gov. Paul LePage's push against a citizen initiative that would expand the state's renewable energy portfolio.

Maine currently mandates that utility companies derive a certain percentage of electricity from renewable sources. However, a coalition called Maine Citizens for Clean Energy has launched a citizen referendum to increase the requirements in the state's so-called Renewable Portable Standard.

The initiative runs sharply against the governor's energy policy. Last year, LePage tried to freeze the current RPS mandate but met stiff opposition from the state's wind-power lobby and environmental groups.

On Wednesday, the governor told the Capitol News Service that the citizen effort to expand the Renewable Portfolio Standard was "nothing more than a scam to make a few people wealthy."

On Thursday, the Friends of Maine's Mountains group backed the governor.

"This would be an environmental and economic disaster for Maine," said Chris O'Neil in a prepared statement, adding that passage of the citizen initiative was a "de facto mandate for an unsustainable buildup of wind turbines and costly transmission systems on Maine's mountains."

He added, "Markets would not support any wind power at all if not for a complicated brew of incentives, grants, mandates, tax breaks, surcharges and other government-created gimmicks."

Read the rest of the story here.

Encouraging Words

Stewart Mountain in Highland as seen from Carrabassett Valley Airport
Highland Wind abandoned plans to put 9 turbines along this ridge after stiff opposition from the Maine Appalachain Trail Club (MATC), National Park Service (NPS) and the Appalachain Trail Conservancy (ATC) 

Encouraging words today from Naomi Schalit and John Christie of The Maine Center for Public Interest Reporting. The story I'm referencing can be found both in the Lewiston Sun Journal and the Bangor Daily News. 

State board deals potentially fatal blow to First Wind deal

"Last April, Maine’s largest wind energy developer, First Wind, trumpeted a multimillion-dollar deal that would pay for the company’s ambitious plans to erect more wind turbines throughout Maine and the Northeast.

"But the Maine Public Utilities Commission dealt a potentially fatal blow to the deal last week.

"PUC staff, faced with what opponents of the deal have called the first serious challenge to the state’s landmark 2000 electricity deregulation law, recommended on Jan. 13 that the agency give the thumbs-down to the deal."  Read the whole story here.

This story is important for many reasons, one of which is that 3 days ago Maine's Department of Environmental Protection (DEP) approved First Wind's Oakfield wind project--if built, it will be the largest wind facility in Maine, thus far.

One of the criteria a wind developer is supposed to meet before receiving a permit is proof of financial capacity. And yet, in the BDN article about DEP's permit approval, First Wind's Alec Jarvis said, "The project's financing is not yet assembled."

Huh?

Why are Maine regulatory agencies such as DEP and LURC approving First Wind's projects? 

I haven't had time to read the Oakfield permit yet, but I'm anxious to.  And I will.  I want to see what kind of decommissioning plan and fund DEP required for the largest industrial wind plant in Maine.

Will the townspeople of Oakfield be on the hook for a multi-million dollar decommissioning job if FW (or rather, its Oakfield-specific subsidiary, a Limited Liability Corporation called "Evergreen Wind LLC") goes belly up?

Is First Wind quoting the same assets, collateral and financial statements for each project?  At a minimum, they're actively pursuing the Bull Hill project (recently approved by LURC), Oakfield (recently approved by DEP) and Bowers Mountain (still pending at LURC).  Locals in the Bingham area seem to think the company is moving forward with clearing and road construction for their proposed Bingham/Mayfield/Kingsbury/ Abbott/Blanchard project, too--even though they do not have a permit in hand. 

How will First Wind (i.e.Champlain Wind LLC, i.e. Evergreen Wind LLC, i.e. Blue Sky East LLC [and those are just a few of First Wind's Maine LLC's protecting the parent company's assets]) build a BILLION dollars worth of industrial wind facilities if they can't close the Emera/Algonquin deal, and they can't raise capital because investors were so uninterested in FW's IPO that they pulled it in August, 2010?

This company is begging for some serious scrutiny. The recommendation from PUC staff is a great start--they are finally looking at Maine's wind energy plan from the consumers' point of view. 

The PUC decision sounds like a "done deal".  Unfortunately, the cynical 'Kaz' will be wondering what 'incentives' and 'tangible benefits' and 'mitigation' tactics First Wind will use to try to tip the scales prior to that Jan. 31st PUC Commissioners' vote. 

I'm sure Ms. Schalit and Mr. Christie will follow up on this story and I look forward to reading it. 

WINDFALL--The Movie...The Voices of Tug Hill and Meredith, New York

Wow, am I behind, here!  There is so much happening in the world of 'wind' that I should be posting and sharing, but I've had difficulty finding the time.  I'll make an attempt to play a little 'catch up' tonight.

Until the phone rings....

Here goes!

Windfall, Laura Israel's award-winning documentary, is coming to Maine!  Click here to watch the official trailer.  This movie is providing us with an incredible opportunity to educate Mainers about the down-side of grid-scale wind development.  Residents in two New York communities learned their lessons the hard way, and their story is poignant-- and contemporary to what is happening right here in Maine. 

Right here and NOW in Maine.

Friends of Maine's Mountains is sponsoring multiple events during the month of February and into early March.  Be sure to check FMM's website for more information (and while you're there, check out the information about the Tim Sample Event at the Harraseeket Inn in Freeport on St. Patrick's Day!)

We hope you will take advantage of this great opportunity.  The dates and venues will be confirmed on February 1st, but I do know that The Strand Theater in Rockland has already confirmed showings on Saturday, March 3rd at 2:00 p.m. and Sunday, March 4th at 3:00 p.m. 

An anonymous benefactor has donated money so that any resident of Vinalhaven Island (the home of the three Fox Island Wind turbines) can attend the movie at the Rockland venue for FREE.  Please call me for more information (207-628-2070)--and please help us spread the word.  Folks who have already seen this movie say the similarities to our present circumstances are chilling and that the move will change your life... and for sure, it will open your eyes.

Stay tuned and then, please join us! Coming soon to a venue near you!