Documents from USA

Cape Wind Request for permit extension denied: Decision

306365698-cape-wind-tentative-decision-permit-extension-deny_thumb A Massachusetts state board has issued a draft decision denying the extension of permits that would enable Cape Wind to build an electricity transmission line to connect its proposed offshore wind farm to land. The draft decision offers an informative discussion of the now historical events leading to the denial. The full decision can be accessed by clicking the link on this page. 
29 Mar 2016

US Wind production and capacity factors 2011-2015

Eia-windprojectgenerationstate-2015-2011-summary_thumb The U.S. Energy Information Administration provides monthly and annual production data for over 10,000 power plants including wind-powered facilities. Windaction.org has been tracking this data closely since 2011 with a specific focus on wind power plants. The below table lists the annual aggregate capacity factors for each state that EIA has reported wind production for projects with at least one full-year of production. A breakdown of the production data by state and individual projects in each of the years 2011 - 2015 can be accessed by downloading the documents attached to this page. Editor's note: Windaction.org, endeavors to present the most current and accurate information available. If readers identify a problem with any of the data, please contact us at info@windaction.org. In an effort to ensure accuracy, the attached data files may be updated from time-to-time. (Data files updated on April 2, 2016)
21 Mar 2016

Request for declaratory judgment: Whitewater Wind LLC

Complaint-filed-whitewater-wind-nextera_thumb This complaint, filed by residents of Fayette County, Indiana, seeks a declaratory judgment by the Fayette Circuit Court that both the Decommissioning Plan and its addendum between the county and NextEra Energy Resources in reference to the proposed Whitewater Wind facility, be declared invalid and void, for failing to comply with the county’s zoning ordinance. The complaint also seeks “costs of this action” and other relief. Paragraphs 9-13 of the complaint are presented below. The full complaint can be accessed by clicking the document on this page.
15 Mar 2016

Falmouth Wind Turbine: Deemed ineligible for permit

302178715-decision-making-spreadsheet_thumb On the morning of March 5, 2016, the Falmouth Zoning Board of Appeals (ZBA) deliberated over whether the Town's application for a special permit to retain Wind 1 should be approved. Wind 1 is the first of two Vestas V82 1.65 MW turbines erected at the community's wastewater treatment facility. The turbines created significant controversy following noise complaints by nearby residents beginning in 2010 when the turbines were first turned on. In a February 2015 ruling, the Massachusetts appeals court found that the Town of Falmouth failed to meet the requirements under the local bylaws when it erected Wind 1 without first obtaining a permit. The ZBA hearing was to determine whether a newly filed application met the requirements for a permit to be issued retroactively. Wind I has been idle since September 2015. The attached documents represent the arguments by the town's attorney (in favor of issuing a permit), the residents (on why a permit should not be issued), and a spreadsheet itemizing the decisions that need to be made the the ZBA. The below summary by Mark Cool explains how the Board ruled on each of the decisions. 
5 Mar 2016

Apex Clean Energy: Tort claim against Rush County, IN

Apex-notice_of_tort_claim_3-4-16_thumb As of March 4, 2016, Apex filed a Notice of Tort Claim Pursuant to Indiana Code 34-13-3 (Indiana Tort Claims Against Governmental Entities and Public Employees Act). To summarize the notice, Apex claims that the commissioner’s official action on September 8th, 2015 to cease and desist all negotiations with Apex and to arbitrarily and capriciously reject the wind energy project will cause Apex to sustain economic losses. A portion of the tort claim is provided below. The full document can be accessed by clicking the links on this page. 
4 Mar 2016

Atlantic Coast Port Access: Final Report

Acpars_final_report_08jul2015_combined_appendix-enclosures_-_final_after_lmi_review-corrected_date.compressed_thumb Atlantic Coast Port Access Route Study (ACPARS) Workgroup prepared this final report that examines the various conflicts between shipping and other emerging coastal and offshore energy projects. Two portions of the report are provided below. The full report can be accessed by clicking the links on this page.
24 Feb 2016

US v AES Laurel Mountain Wind LLC

Aes-wind-plea-agreement_thumb The AES Laurel Mountain wind energy facility consists of 61 GE 1.6 MW turbines (97.6 MW) and a 32 MW Battery Energy Storage System (BESS). On October 2 and 3, 2011, fog and a low cloud ceiling resulted in migrating songbirds becoming trapped in the light of the battery complex. A total of 483 birds were destroyed as a result of colliding with the battery system and wires. AES Laurel Mountain LLC was sentenced by U.S. Magistrate Judge Michael J. Aloi to pay $30,000 in fines after pleading guilty to two federal charges related to the deaths, a crime under the Migratory Bird Treaty Act (MBTA). A portion of the filing is provided below. The full record can be accessed by downloading the documents attached to this page. 
24 Feb 2016

US v AES Laurel Mountain Wind LLC

Aes-wind-plea-agreement_thumb The AES Laurel Mountain wind energy facility consists of 61 GE 1.6 MW turbines (97.6 MW) and a 32 MW Battery Energy Storage System (BESS). On October 2 and 3, 2011, fog and a low cloud ceiling resulted in migrating songbirds becoming trapped in the light of the battery complex. A total of 483 birds were destroyed as a result of colliding with the battery system and wires. AES Laurel Mountain LLC was sentenced by U.S. Magistrate Judge Michael J. Aloi to pay $30,000 in fines after pleading guilty to two federal charges related to the deaths, a crime under the Migratory Bird Treaty Act (MBTA). A portion of the filing is provided below. The full record can be accessed by downloading the documents attached to this page. 
24 Feb 2016

Professional Caution to Brown County Health Director Chua Xiong

Rand_to_evans_and_tibbetts_23feb16_631pm_thumb In this powerful letter to the Brown County, Wisconsin Health Board, acoustician Robert Rand explains his obligations under INCE Rules of Practice to notify the appropriate authorities if he believes his professional judgment pertaining to human health impacts has been overruled. In this instance, Mr. Rand is responding to a decision by the county's health officer, Chua Xiong, to rule against the work of the Health Board and find that there is insufficient evidence to show a relationship between wind turbines and health concerns. Mr, Rand was one of four acousticians who studied the noise issues at the Shirley Wind facility. The final report showed that all of those involved with the study, including acousticians who work largely for the wind industry, agreed they had found sufficient evidence to classify low-frequency noise and infrasound emanating from the turbines as a serious issue.
23 Feb 2016

Town of Bourne v Future Generation Wind LLC

Bournecomplaint_thumb This enforcement action was brought by the Town of Bourne in Massachusetts acting through its Board of Health. The purpose of the action is to require compliance with the Town's duly adopted Wind Energy Conversions System Regulations for a wind turbine system on land in the Towns of Bourne and Plymouth. The Town of Bourne seeks a Declaratory Judgment ruling that the wind turbine project is subject to the provisions of the Town's Board of Health Regulations and orders requiring the Defendant, Future Generation Wind, LLC to comply with the requirements of the Regulations. A portion of the complaint as filed is provided below. The full complaint can be accessed by clicking the link(s) on this page.  
9 Feb 2016

Somerset NY Amended Wind Law

Local_law_amending_chapter_205_zoning_thumb New York's Niagara County Planning Board meeting approved this amended wind law for the town of Somerset, NY. The findings made by the Town of Somerset to justify the provisions in the law are provided below. The full document can be accessed by clicking the links on this page.
27 Jan 2016

Exploring the impact of the proposed Galloo Island energy project

307007559-clarkson-nanos-galloo-island-wind-farm-study_thumb The Town of Henderson, New York, engaged the Nanos Clarkson Research Collaboration energy consultant team to assist in determining a series of impacts from the proposed Galloo Island wind farm development. The Galloo Island project plan proposes to construct up to 29 turbines with a total nameplate capacity of 102 MW. The turbines will stand 575 feet high, with blade lengths of 210 feet. The executive summary and key findings of the study are provided below. The full report can be accessed by clicking the links on this page.
20 Jan 2016

Owens v. NC Department of Environmental Quality (Iberdrola Renewables)

Owenspetitionfiled-c_thumb In September, 2015 the Civitas Institute Center for Law and Freedom (CLF) filed suit against the NC Department of Environmental Quality (DEQ) on behalf of a Perquimans County couple. At issue is whether DEQ broke the law when it informed Iberdrola Renewables that its Amazon Wind Farm East would not be subjected to state regulatory standards. Soon after the filing, the Attorney General filed a motion to dismiss and supporting memoranda, to which CLF responded on November 19.
14 Dec 2015

Freedom Maine: Wind Ordinance

Freedom-maine-wind-ordinance2015_thumb The Town of Freedom in Maine adopted this Wind Energy Ordinance requiring setbacks of 13 times the turbine height for three larger classes of windmills, which can represent a distance up to 1-mile. The ordinance limits nighttime noise emissions to 35 dB(A) and shadow flicker to no more than 10-hours per year on properties that are not participating with the the wind project. Portions of the ordinance are provided below. The full ordinance can be accessed by clicking the links on this page.
26 Nov 2015

Boone County Illinois wind ordinance

Newwecsordinance-boonecountyil_thumb Following 9 months of testimony and cross examination as well as supportive votes cast by the Boone County zoning board of adjustment, the full county board met and passed this wind energy ordinance with a 9 to 3 margin. The ordinance provides for several protective provisions including establishing setback distances of 2,640 feet or 5.5 times the height of the wind turbine including the blades at the highest point, whichever is greater. A protion of the ordinance is provided below. The full document can be accessed by clicking the links on this page.
15 Nov 2015

LCRA disputes wind power contract

8-mtn-to-compel-arbitration_thumb Lower Colorado River Authority (LCRA) signed an 18-year contract for energy from the  Papalote Creek Wind Farm II located in southeast Texas. The contact price was fixed for the term of the agreement at $64.75 a megawatt-hour. With wind now selling at half that price, LCRA is seeking to reduce its liability. There is a dispute between LCRA and Papalote Creek as to the cost if LCRA tries to end the contract early. This motion, filed by LCRA in federal court is intended to compel the wind company into arbitration in order to settle the dispute. LCRA sells wholesale power to dozens of Central Texas communities. A portion of the filing is provided below. The full motion can be accessed by clicking the links on this page. 
28 Aug 2015

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