Wind Power Ethics Group v. Town of Cape Vincent ZBA et.al. Index No. 07-0789; RJI No. 22-07-0250

New York's Public Service Commission's decision to grant Jordanville Wind, LLC a Certificate of Public Convenience and Necessity Pursuant to Section 68 of the Public Service Law. The PSC ordered Jordonville Wind (Iberdrola) to remove 19 turbines thereby reducing the tower count to 49, due to the adverse impact on areas of historic significance and the scenic quality of the setting. An excerpt of the decision (p. 18 of 35) follows.

The following report describes the research design, initiation and completion of the first year of postconstruction study (fall migration only) of avian and bat collision fatalities at the 120 turbine Maple Ridge Wind Power Project in Lewis County, New York.

The work was conducted in accordance with the “Proposed Scope of Work for a Postconstruction Avian and Bat Fatality Study at the Maple Ridge Wind Power Project, Lewis County, New York” dated March 14, 2006, and agreed upon in mid-May 2006, after several revisions. People/agencies who reviewed the proposed scope of work included staffers from the U. S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (ACE), Environmental Design and Research (EDR), NYS DEC staffers, developers (PPM and Horizon), and others. Representatives from some or all of these groups have been included in a Technical Advisory Committee (TAC), which has the responsibility of reviewing and commenting on progress reports, annual reports, and other updates from this project.

The New York State Department of Environmental Conservation (DEC) reviewed the Draft Generic Environmental Impact Statement (DGEIS) for PPM's Horse Creek wind facility proposed for the New York towns of Clayton and Orleans, Jefferson County. The project consists of approximately 62 wind turbines (130 MW) with 54 turbines in the Town of Clayton and 8 turbines in the Town of Orleans. The project scope also includes construction of two permanent meteorological (met) towers, an operations and maintenance facility, approximately 16 miles of gravel access roads and approximately 28 miles of buried electric collection lines, and an interconnection substation adjacent to the existing electric transmission line.

This brief paper reviews and evaluates key aspects of energy policies and plans announced by New York State officials, and contrasts their electricity plans with those of the New York Independent System Operator (NYISO) which is responsible for the reliability of New York's electricity grid. Both sets of plans have major implications for the people of New York.

This document includes studies in Maine, Maryland, Minnesota, New Hampshire, New York, Pennsylvania, Vermont, Virginia and West Virginia.

Two industrial wind turbine farms are proposed by parent UPC Wind Partners for the town of Cohocton, NY and will permanently alter the town. The large blades on MW scale turbines can at certain times produce moving shadows on the landscape or create distracting flicker on the scenery. To capture the wind these turbines are to be installed on hilltops around the town and thus have significant potential to create a shadow flicker nuisance at great distances from the turbines. All environmental effects of projects require consideration and possible mitigation. Siting selection is important since wind turbines are a permanent installation and may significantly impair resident’s enjoyment of neighboring lands or even personal health.

Industrial wind turbine farms are proposed for the towns of Perry, Covington and Warsaw, NY that will permanently alter the towns. Large turbines create strong noise levels not only from wind through the blades but largely by the turbine mechanisms themselves. To capture the wind these turbines are to be installed on hill tops around the town and thus have significant potential to create a noise nuisance. Wind turbine noise added to the prevailing ambient background sound is an important environmental consideration when siting wind turbines since they are a permanent installation and may significantly impair resident’s enjoyment of neighboring lands or even personal health. Also, relevant consideration of noise impacts and mitigation measures are a specific requirement of a NY State Environmental Quality Review procedure, required before approval of permits.