Wind turbine leases need detailed legal review, lawyer says

3-MW wind turbine and house near Brinston, south of Ottawa. Lawyers need to review every word of contracts for their clients. [Photo: Ray Pilon, Ottawa]
3-MW wind turbine and house near Brinston, south of Ottawa. Lawyers need to review every word of contracts for their clients. [Photo: Ray Pilon, Ottawa]
Lawyer Garth Manning, a retired Queen’s Counsel, advises lawyers that their help is needed by clients considering signing wind turbine leases or options to lease. In an opinion piece in the current Law Times, Manning says that landowners may focus only on the amount of money they can receive by signing the document, and overlook many important features of the agreement.

“Typically, the wind power proponent incorporates a subsidiary for each individual project. Its agents obtain turbine sites from farmers who have limited understanding of what they’re being asked to do, which is to sign an Option to Lease many pages long; in this option may be a ‘further assurances’ clause that obligates them, if the option is exercised, to sign a form of lease.

“That document, many more pages long, is by far the most lessee-friendly imaginable to any real property lawyer, experienced or otherwise.

“Those farmers badly need legal advice; local law associations should emphasize this to their members,” Manning advises.

Manning emphasizes the impact of the agreement on farming practices, and on communities. Neighbours may not be too happy with the noise and effect on property value, he adds.

“Many of us went to law school in the belief that lawyers help people in trouble,” he concludes for the Law Times readers. “Here is a golden opportunity for lawyers to step up and provide the advice that is so badly needed.”

Read the full article here.

Stop digging the hole, utility company tells Wynne

Niagara On The Lake Hydro sent an open letter to Ontario Premier Kathleen Wynne, outlining the steps the government needs to take to get costs down, and halt the unsustainable rise of electricity costs. “When you are in a hole,” President Tim Curtis said, “the best thing is to stop digging.”

The news release and letter can be read here and an excerpt follows.

There are concrete actions that can be taken both immediately and in the medium term to reduce the cost of electricity or slow down the increase.  NOTL Hydro has the lowest delivery charge in the Niagara region not because of anything special we have done but because of a fifteen year focus on managing the business to keep costs low for our customers.  This focus can be replicated at the Provincial level. The chart above shows that the driver of the increase in costs is generally not at the municipal LDC nor transmission level (both in line with inflation) but at the generation level.

Immediate actions include:

  1. Announce that you will stop immediately signing any FIT and MicroFit contracts and move as soon as possible to net metering.  This will prevent encumbering the system with more expensive contracts.  As you are moving to net metering you are not repudiating your climate action plan but accelerating the move to its next phase.  As a sign of our commitment, if you announce this by the end of September 2016 we will cancel our FIT contract.
  2. Eliminate the MDM/R branch of the IESO and their activities.  This branch collects the smart meter data and all their activities are redundant as are duplicated by the local distribution companies who need the information for billing.  If you announce you are eliminating this cost you can also announce you will be removing the $0.79 monthly charge on every customer’s bill.  While not a large amount this would be a symbolic gesture of the new direction.
  3. Recognize that the earlier FIT and MicroFIT contracts were overpriced and transfer the excess cost to the OEFC.  While this will increase the debt of the Province it will also reduce the cost of electricity which is needed to sustain jobs and keep Ontario competitive.
  4. Meet with industrial business representatives such as in the steel industry to develop plans that mitigate the impact time of use pricing is having on the drivers of our economy. This needs to be done in a manner that does not just transfer the cost to residential customers.

 

See the full letter for more actions suggested by Niagara On The Lake Hydro.

Six years of energy assault on Ontario municipalities says Mayor

No justice for Ontario communities under the Green Energy Act: removing democratic rights and ignoring calls to end subsidies
No justice for Ontario communities under the Green Energy Act: removing democratic rights and ignoring calls to end subsidies

September 14, 2016

Now 112 Ontario municipalities have either passed a resolution demanding change to the wind power contracting process, or have endorsed a resolution to that effect, and it’s all because of “six years of energy assault,” says the Mayor of Enniskillen Township.
In a letter published in Ontario Farmer, Kevin Marriott says that “Rural people in the Province of Ontario have been under assault by the provincial government for about six years since the Green Energy Act (GEA) of 2009 was enacted.”

That legislation, says Marriott, was “the first ever to take away a municipality’s democratic right” to perform local land-use planning, “in this case, to say no to industrial wind turbines.”

That’s not all, says Marriott: the other right taken away is affordable electricity. He also points to the difference between how rural and urban residents are treated.
“Why should rural Ontario pay almost double for delivery when most electricity is actually delivered to the GTA from rural Ontario?”

Marriott concludes by saying the electricity policy has made electricity bills three times higher than they were eight years ago. The government “has ignored our pleas to stop subsidizing wind turbines by billions of dollars”.

More Ontario municipalities demand final say in wind power sites: more than 100 stand up to Wynne government

Ontario municipalities want local land-use planning control back
Ontario municipalities want local land-use planning control back

September 11, 2016

Now 111 municipalities in Ontario have either passed or formally endorsed a resolution at Council, demanding that municipal support be a mandatory requirement for contracts in the Wynne government’s next round of Large Renewable Procurement.

The municipalities include several urban municipalities with rural components including Ottawa, Hamilton, and Stratford.

“That number, 111, represents more than a quarter of all Ontario municipalities,” says Wind Concerns Ontario president Jane Wilson.

“They believe that they are the best judge of where important infrastructure should be sited, and that they are the voice of their community concerns about where power generation projects are located. Development is only sustainable and appropriate where there is community support — and as we are seeing, many rural communities don’t support the government’s policy of forcing these power facilities on people, and the environment.”

Local land-use planning for developments such as wind and solar power generation facilities was removed by the Green Energy Act in 2009.

Despite a surplus of power in Ontario, the cost of long-term contracts for renewable sources of power,  and province-wide protests about Ontario’s rising electricity bills, which have forced several hundred thousand residents into “energy poverty,” the Wynne government still plans to launch a new procurement process in 2017. The deadline for corporate wind power developers to file a request for qualification with the IESO was Thursday, September 8th.

Energy analyst Tom Adams told Global TV news last week that the government needs to cancel contracts where it can, and cancel the planned Large Renewable Procurement (LRP II).

Wind turbines may close busy airport: pilots launch political campaign

This is an excerpt from the August edition of COPA Flight, provided by a member of the Canadian Owners and Pilots Association.

So ridiculous, pilots can't believe anyone would put turbines at an airport
So ridiculous, pilots can’t believe anyone would put turbines at an airport

Windmills may close airport

By Russ Niles

The owner of an Ontario airport that will be in the shadow of a proposed wind turbine project fears Transport Canada [TC] will close his strip if the windmills are built.

Kevin Elwood says he’s been told by a senior TC official that the department will not intervene to prevent construction of the windmills but it will act to ensure public safety after the fact by restricting or even stopping operations at the affected airport.

“He said that if [the province of Ontario] chooses to put green energy before airports, that’s their choice,” he said. “We will respond by restricting airport operations and we will go so far as to close airports,” he {Elwood] quoted the official as saying.

That would seem to fit with the scenario now playing out over the so-called Fairview Project, a group of eight, 152-metre turbines planned for farmland adjacent to Elwood’s Clearview Aerodrome (also known as Stayner Airport). The huge windmills will be directly in the flightpath of aircraft in the circuit for his airport and the nearby Collingwood Airport.

TC has declined to oppose the project and that means the only hope Elwood and other opponents of the windmills have is the rarely used power on the Minister of Transport to unilaterally stop the project on safety grounds.

Minister Marc Garneau has so far been silent on the issue and COPA is calling on its 17,000 members (and voters) to apply their significant political influence to nudge him out of that complacency.

COPA has launched a full-scale letter writing campaign to draw attention to the issue that Elwood is convinced is an immediate threat to both airports and will set a precedent that could affect airports across the country.

The turbines would be in blatant violation of Transport Canada’s airport obstacle guidelines and Garneau, a long-time pilot and COPA member, has the power to stop their construction. In fact, because of the protection afforded such projects by Ontario’s Green Energy Act, Garneau is probably one of the few who can stop them. He won’t even talk about the issue, however.

“We really have a good working relationship with Transport Canada, very open and collaborative,” [says COPA President Bernard Gervais]. “As part of our regular discussions I presented the situation and possible course of action,” Gervais said. “Section 6.41 of the Aeronautics Act authorizes the minister to make an interim order to deal with such threats to aviation. If the minister is of the opinion that the windmills are hazardous to aviation safety, he (or his deputy) has the authority to stop such construction. … the lack of feedback from TC and knowing this is a very sensitive political issue, drives me to think that our only course of action at this point is to go on the political front.”

ERT members unfamiliar with aviation safety

COPA appeared at the original [ERT] hearings in the approval* process along with many other opponents, and all of the arguments were essentially ignored. … Complicating that process is the fact that the two members hearing the health arguments have no aviation background at all and have had to be schooled on airport operations and aviation terminology.

… [Elwood] says that if it plays out as he thinks it might, TC will either close his airport or make it so difficult and inconvenient to use that it might as well be closed. The aerodrome is home bas to Elwood’s business, an aircraft management and business charter operation. Over the years he’s invested heavily in hangars and other infrastructure and if the windmills go ahead, a lifetime of work might go down the drain.

[The wind turbines] will prevent pilots from using the recently re-invigorated [Collingwood Airport]. Ironically, the federal government has spent millions on improvements to the field, including a new terminal and lots of new pavement.

“Even people who don’t fly, [says Collingwood based pilot Austin Boake], they realize it’s just common sense …It’s just so ridiculous I can’t even believe it.”

*The author means the “appeal process.”

For more information on the COPA appeal go to: http://www.copanational.org/FeedFeds.cfm