Article

Wind turbine firm files complaint

ITALY — A Buffalo-area wind turbine company has filed a complaint, saying the town’s six-month extension on its wind turbine moratorium unlawfully prevents the firm from building the electricity substation it would need for its Steuben County generators.

The substation that Ecogen LLC plans to build on Emerson Road is needed to connect electricity produced by the 30 wind turbine generators proposed for Prattsburg and 23 turbines proposed in Italy.

Tom Hagner, owner/manager of Ecogen, said the substation doesn’t qualify to be included in the moratorium because it doesn’t pose an imminent threat.

“I don’t know what hazard results from a substation,” Hagner said.

According to the complaint filed March 29 in the Court for the Western District, in Buffalo, the substation would:

• Consist of a step-up transformer, circuit breakers, lightning and grounding protection equipment, metering and control devices, communication gear, electrical panels and a control house.

• Link the power harnessed by the wind farms to the existing transmission grid, allowing the transfer of electricity to consumers.

• Have an 8-foot-high chain link fence with privacy slats.

• Be set about 1,000 feet from the road and more than 100 feet from the nearest neighbor.

• Not create any noise, odor, vibration, traffic or any adverse land use impact.

The Italy Town Board extended the moratorium March 28, for the third time since it was passed in June 2004. They have said... more [truncated due to possible copyright]  
The substation that Ecogen LLC plans to build on Emerson Road is needed to connect electricity produced by the 30 wind turbine generators proposed for Prattsburg and 23 turbines proposed in Italy.
 
Tom Hagner, owner/manager of Ecogen, said the substation doesn’t qualify to be included in the moratorium because it doesn’t pose an imminent threat.
 
“I don’t know what hazard results from a substation,” Hagner said.
 
According to the complaint filed March 29 in the Court for the Western District, in Buffalo, the substation would:
 
• Consist of a step-up transformer, circuit breakers, lightning and grounding protection equipment, metering and control devices, communication gear, electrical panels and a control house.
 
• Link the power harnessed by the wind farms to the existing transmission grid, allowing the transfer of electricity to consumers.
 
• Have an 8-foot-high chain link fence with privacy slats.
 
• Be set about 1,000 feet from the road and more than 100 feet from the nearest neighbor.
 
• Not create any noise, odor, vibration, traffic or any adverse land use impact.
 
The Italy Town Board extended the moratorium March 28, for the third time since it was passed in June 2004. They have said the Italy Zoning Commission needs time to complete a master plan and work on a zoning code that could address potential issues such as wind towers.
 
Supervisor Margaret Dunn said she wasn’t surprised by the complaint, noting that they’ve been threatened with legal action for a long time. She defended the board’s decision to leave the substation in the moratorium.
 
“It was not separated because it is an important part of the project itself,” said Dunn.
 
Dunn added that the town, which is still developing zoning laws, hoped to have that work done by late June. There’ll be a public hearing on the draft at 9 a.m. June 3.
 
Ecogen has already spent $2.5 million on development and has made an $8 million non-refundable deposit on a $75 million wind turbine generator. It is completing permit applications and plans for an archaeological investigation, wetland delineation, and design work, all of which the moratorium could hinder, the complaint said. The bidding process and ability to quality for tax credits could also be hindered, the complaint says.
 
Hagner said he hopes to have final plans to the Steuben County Industrial Development Agency by July.
 
“The inclusion of the substation in the moratorium is an effort by certain officials in Italy to unlawfully gain leverage in the Italy Project dispute by disrupting the Prattsburgh Project,” the complaint said.
 
The complaint isn’t the only pending legal action associated with the proposed project. A group called Advocates for Prattsburg filed suit April 7 against the Steuben County Industrial Development Agency, challenging its approval of Ecogen’s environmental impact statement.
 
• • •
 
gmuscato@fltimes.com


Source: http://www.fltimes.com/Mai...

APR 21 2006
https://www.windaction.org/posts/2261-wind-turbine-firm-files-complaint
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