Ostrander Point appeal nears end: power developer cancels testimony

Are we there yet?
Are we there yet?

 

The long, long saga of the appeal of the Ostrander Point wind power project, in which members of the Prince Edward County Field Naturalists (PECFN)  and the community fight to save the environment from the Ontario Ministry of the Environment, is nearing its end.

Here is a report from Cheryl Anderson of PECFN:

Today was the end of a long and exhausting journey for the members of PECFN, the supporters of our fight to Save Ostrander Point, our legal team and probably the opposing lawyers and the tribunal panel as well.  The last of the witnesses was heard this morning.  Shawn Taylor, [Dillon Consulting] a witness for the approval holder (Gilead) gave testimony about his success in aquatic and terrestrial rehabilitation projects.  In some projects, apparently, he was involved in creating artificial nesting sites for Blanding’s Turtles.  There did not seem to be any evidence; however, that the turtles actually used these artificial sites. Most of Mr. Taylor’s work seems to have been in restoration of wetland habitat for road construction.

The second witness for the day was to have been Mike Lord, president of Gilead.  After the lunch break the Gilead lawyers came back and announced that Mike Lord would not be giving testimony.

Everyone in the room gave a huge sigh of relief – we could not believe it was finally over.

Before January 15, the legal teams will be submitting written briefs and replies summing up the case.

On the 15th final oral submissions will be presented in Toronto and then the ERT panel will deliberate and write their final decision.

Meanwhile, PECFN continues raising funds.  On January 16 we present Winter Wonderland Walk.  This 3 km walk will proceed along Hilltop Rd and up Brewers Rd to Long Dog winery.  Long Dog has graciously agreed to provide mulled wine for the walkers and we will make sure there is also hot spiced cider.  We will also provide rides back to your car parked at the side of Hilltop Rd.  All you have to do is register for the walk and get a few people to sponsor you.  It should be a fun afternoon and we will raise some much needed money for the cause of keeping our South Shore Turbine free.

Register for Winter Wonderland Walk by contacting Cheryl Anderson at cherylanderson23@sympatico.ca or 613-471-1096

 

Wynne government medical witness not a licensed physician: claims no health effects from wind turbine noise

Dr Cornelia Baines: I've read about this
Dr Cornelia Baines: I’ve read about this

Report on Environmental Review Tribunal Hearing on White Pines Wind Project

November 24

by

Henri Garand, APPEC

On Day Twelve the Environmental Review Tribunal (ERT) on the White Pines wind project heard Dr. Cornelia Baines, witness for the Ministry of Environment and Climate Change (MOECC).

After confirming the credentials and lengthy research experience of Dr. Baines, MOECC counsel Sylvia Davis asked her to respond to Dr. Hanning’s observations of bias in her witness statement.  She said that the negative phrases were taken from the papers she had referenced and her focus was on following a good scientific approach in research.  The Tribunal qualified Dr. Baines, MD, as a “physician and epidemiologist with special expertise in design, measurement, and evaluation of research studies.”

Dr.  Baines reviewed the hierarchy of research design from the lowest quality (case series and case reports) to the highest (cohort and randomized control studies).  She said that “compelling evidence” of adverse health effects would require that “complaints are specific to wind turbines,” “symptoms would be more frequent and severe than in the general population,” and a “biologically plausible mechanism” would be identified.
Then Dr. Baines commented on several well-known studies.   She cited Dr. Simon Chapman’s paper on the psychogenic causes of wind turbine complaints and explained placebo and “nocebo” effects.  The latter result when awareness of negative effects increases the likelihood of such reports.  Despite criticisms about demographics and the synthetic circumstances, Dr. Baines defended the Crichton study in which university students were exposed for ten minutes in a laboratory to both real and sham infrasound.  She also praised the Health Canada study for its design, collection of data, and analysis, noting the lack of impact on the “quality of life” of wind project residents.
Under cross-examination by APPEC counsel Eric Gillespie, Dr. Baines conceded that she knows nothing about wind turbine technology though she has read regularly about the health issues.  She also admitted she has not seen patients since the 1980s and is not licensed to practice medicine.
Gillespie asked Dr. Baines to consider the Erickson ERT decision in which the Tribunal accepted that turbines can cause serious harm when placed too close to homes, and the debate over health effects is “one of degree” and does not concern the biological mechanism.  Dr. Baines said she does not agree with the Erickson ERT, which is “a court decision, not a scientific finding.”
The ERT continues on Wednesday, November 25, at 10 a.m. in the Picton Community Centre.
Further note from the APPEC board
In our Friday, November 20 Report on the ERT it was noted that WPD is dropping its appeal of two turbines (T7 and T11) that were disallowed by the Ministry of the Environment and Climate Change (MOECC).  However at the end of the hearing today WPD reversed its previous position and is now asking the ERT for an adjournment on this appeal.  James Wilson, counsel for WPD, told the ERT that he may have misspoken or mischaracterized the withdrawal of the section 139 appeal of the two turbines and that his client WPD had only intended to ask for an adjournment.
Wind Concerns Ontario editor’s note: readers will surely connect the testimony of Dr Baines here to earlier appeals in which Dr Sarah Laurie of Australia was not allowed to be termed an “expert witness” because she had let her medical licence expire, yet she is actively involved through the Waubra Foundation in helping people with health effects from wind turbine noise and vibration. Also note the mention of Simon Chapman, also Australian, whose work and opinions were thoroughly discredited by the Australian Select Senate Committee investigating the effects of wind turbines in that country; Mr Chapman was also recently forced to issue an apology for remarks made about Dr Laurie.
In Ontario, however, a formerly licensed medical professional a) qualifies as an expert witness for the government, and b) mentions the work of the discredited Mr Chapman.

Listen to experts on turbine noise to protect health: Wind Concerns Ontario to MOECC

November 24, 2015

Wind Concerns Ontario has written to the Green Energy Approvals section of the Ministry of the Environment and Climate Change, following testimony from acoustics experts at the appeal of the White Pines wind power project last week. We demanded that the MOECC review the testimony of the witnesses, specifically that Ontario’s noise regulations are inadequate to protect health, and apply the information to the current review of noise regulations for wind turbines in Ontario.

The letter has been received and acknowledged.

The letter follows.

 

Stephanie Liu

Senior Program Advisor

Ministry of the Environment and Climate Change

Environmental Programs Division, Modernization of Approvals Branch, Green Energy Approvals,

135 St. Clair Avenue West Toronto Ontario M4V 1P5

November 20, 2015

RE: NOISE GUIDELINES FOR WIND POWER PROJECTS

We are aware that the comment period for the proposed amendments to current noise guidelines for wind power projects has closed; however, there is testimony being given at the appeal of the White Pines project in Prince Edward County that is germane to your review, and should not be overlooked.

Several experts in acoustics, who have technical experience measuring the noise and low frequency noise emissions from wind power projects, have testified over the last few days to the following key points:

  1. The Ontario regulations are inadequate to protect health
  2. The Ontario regulations rely heavily on A-weighted measurement which is not adequate or appropriate (this fact was already mentioned in the federal government funded report from the Council of Canadian Academies)
  3. Wind power developers’ predictions for noise are not always accurate and again, seek to conform to the inadequate regulations of the Ontario government
  4. The Health Canada study of wind turbine noise and health clearly shows there are problems after 35 dB

 

What follows is a citizen report of testimony given by Dr Paul Schomer, an eminent acoustics professional.

APPEC’s health appeal continued on Day 10 with expert witness Dr. Paul Schomer testifying before the Environmental Review Tribunal (ERT) on the White Pines wind project.  The remainder of the day was spent making adjustments to the schedule following WPD’s abrupt announcement that it was dropping an appeal of the disallowance of two turbines (T7 and T11) by the Ministry of Environment and Climate Change (MOECC).

Dr. Schomer, a former Standards Director of the Acoustical Society of America with 48 years’ experience in noise measurement, was qualified by the ERT as an expert in acoustics.  He told the Tribunal that all residents in the White Pines project area will be affected by audible and inaudible sound and a number of residents will be seriously affected.  The effects reported by people living near wind projects are similar in nature to the effects experienced by participants in a 1985 University of Toronto study on infrasound. 

At lower levels and at higher levels of pure tone some participants experienced nausea and dizziness.  However, when overtones were added at higher levels, participants experienced headaches and fatigue. Dr. Schomer considers that internationally-accepted noise standards and protocols are being flouted in Ontario.  For example, A-weighting is not supposed to be relied on when sounds have low-frequency content such as those emitted by industrial wind turbines.

  Canada is one of the countries that voted for this rule.  He also calls for changes in current Ontario regulations to adjust up to 10 db(A) for wind turbine noise in rural areas.  Other suggested adjustments include up to 3 db(A) for weather conditions and 3 to 4 db(A) for locations downwind of turbines.   

Dr. Schomer is highly critical of WPD’s current predicted average sound as it merely indicates that 50% of the time 50% of the residents will be exposed to sound above or below the limit.  The wind industry should be held to a higher level of accountability: db(A) limits should be met 95% of the time.

Dr. Schomer pointed to a very important figure in the Health Canada Report.  Only 1% of people are shown to be highly annoyed at 30 – 35 db(A) sound levels.  However, at 35 – 40 db(A) the number jumps to 40%.  Dr. Schomer sees this as evidence of a community response to wind turbine noise, and that what Health Canada says, what independent acoustic experts say, and what communities say should carry weight in Ontario.

Through experience Dr. Schomer has found that when community responses disagree with the physics, the physics is usually wrong.  This has been confirmed by his involvement in six studies of wind farms, including the 8-turbine Shirley Wind Farm in Wisconsin where three families abandoned their homes and about 60 other people reported adverse health effects.   

We would ask that the Ministry be certain to review and consider this important evidence in its review of the noise guidelines for wind power projects, which are in no way “farms.”

Just this past week, Wind Concerns Ontario has learned of seven families forced to leave their homes in the area of the Goshen project; another half-dozen families are leaving their homes behind in West Grey. This is all due to the noise experienced.

This is a matter of grave concern, and we hope the government is sincere when it says its mission is to “protect the environment” which also means, the environment people live in.

Thank you.

Jane Wilson, RN

President

Wind Concerns Ontario

windconcerns@gmail.com

PO BOX 509 250 Main Street Wellington Ontario

 

Full disclosure of MNR documents demanded at White Pines appeal

 Motion filed asking Environmental Review Tribunal co-chairs recuse themselves

Report on Environmental Review Tribunal Hearing on White Pines Wind Project

 

Day Eleven of the Environmental Review Tribunal (ERT) on the White Pines wind project was scheduled to deal with WPD’s witness Robert O’Neill.

However, the hearing began with a request from Eric Gillespie, APPEC’s legal counsel, for full disclosure from the Ministry of Natural Resources and Forestry (MNRF) of the balance of the documents relating to Blanding’s turtles.  Mr. Gillespie advised the ERT that the MNRF has handed over only seven documents although it is clear there are many more.  The Tribunal declined to make a ruling at this time.

Gillespie subsequently provided notice of a motion made on behalf of the appellants that ERT co-chairs Marcia Valiante and Hugh Wilkins recuse themselves from these proceedings.  The Tribunal agreed to receive written submissions on this matter and will make a ruling as soon as possible.  There were no objections to the ERT continuing to hear evidence over the next two days.

The hearing then focused on Robert O’Neill, a sound engineer with Epsilon Association, whom the Tribunal qualified as an acoustician with expertise in wind turbine frequency noise.  During the past ten years he has conducted studies at about 20 operational wind projects.

O’Neill told the ERT that wind turbines emit mechanical and aerodynamic sound.  Under cross-examination he agreed that wind turbine sound can be characterized as broadband (the “swishing” sound) and as low frequency, but he does not agree with the characterization of impulsive-like effects.

O’Neill noted that at night people 450 m from wind turbines will more than likely hear a “whoosh, whoosh” sound but this will vary depending on meteorological conditions.  At certain times this sound will be audible a kilometre away, but he would not characterize the sound as loud.  He agreed with Gillespie that sound propagation depends on make and model of the turbines, weather conditions, distance from turbines, ground effects (sound bends upwards or down to earth), temperature inversion (at night, blades will pass through warm air at the turbine top and a mass of cooler air on the bottom), location (more noise downwind of turbines), and wind shear, where blades are passing through air masses moving at different speed.

O’Neill believes that A-weighting, the most commonly used method to describe sound, is the most appropriate measurement as it combines all the frequencies.  However, O’Neill agrees that in addition to audible sound there is also sound that people can sense.  Under cross-examination he agreed with Gillespie that his statement that low frequency and infrasound will not impact people is not based on any particular medical expertise but is only an evaluation based on professional standards and guidelines.

The White Pines ERT is in Toronto on Tuesday and in Picton on Wednesday, at the Prince Edward Community Centre at the Picton Fairgrounds, 375 Main St., Picton.

The Ostrander Point ERT is on Thursday and Friday at the Sophiasburgh Town Hall, 2771 County Rd 5, Demorestville.

Both appeals start at 10 a.m.

-Paula Peel, Alliance to Protect Prince Edward County

“Vicious irony” in who has to prove what at wind farm appeals

Topsy turvy

Wind-1

Wind approval process puts responsibility on citizens, not the developer, to protect the County

The thing that troubles Henri Garand about the Green Energy Act is the fact that regular citizens are held to a higher burden of proof than the companies they’re fighting against.

Garand, a member of the Alliance to Protect Prince Edward County (APPEC) has been sitting in on the Environmental Review Tribunal that is hearing an appeal to the approval of the White Pines wind turbine project, which would see 27 turbines built over Athol and South Marysbugh.

APPEC is one of the project’s appellants. The organization argues that the turbines would have a negative impact on the cultural heritage of the area, human health, endangered species and the land itself, some of which is rare habitat.

Lawyer Eric Gillespie, representing APPEC, summoned expert witnesses to prove that the experts wpd Canada—the company that owns the White Pines project— used in its approval process with the Ministry of the Environment and Climate Change (MOECC) were not valid.

Still, the six witnesses were downgraded to presenters, their testimony reduced in importance, a decision made by the Tribunal’s adjudicators, Marcia Valiante and Hugh Wilkins.

Christopher Currie, Cheryl Anderson, Richard Bird, Roxanne MacKenzie, Doug Murphy and Brian Flack presented their cases to the panel about the proposed project’s negative effect on water, birds, vegetation, human health, land use and property value respectively. Some of these arguments called out wpd’s experts on the validity of their information, but as presenters, that couldn’t be taken into account.

This is what Garand bemoans.

“In the topsy-turvy world of the Green Energy Act, the wind developer receives a project approval despite incomplete research, while ERT appellants have to prove their case without the ability and time to conduct the necessary research,” Garand wrote. “These vicious ironies defy common sense.”

The Tribunal did hear from expert witness Joe Crowley, who Gillespie summoned. Crowley was previously a witness for the MOECC in the still ongoing Tribunal appealing the Ostrander wind turbine project proposed by Gilead Power.

Crowley is a scientist employed by the Ministry of Natural Resources and Forestry (MNRF), and isthat ministry’s only expert on the Blanding’s turtle, an endangered species that inhabits the County’s south shore. At the Ostrander Tribunal, Crowley revealed that he had verbally warned against approving the project at Ostrander Point because of its potential to devastate the turtle population there.

That warning did not appear in any evidence submitted by the ministry, and the revelation caused the Tribunal to come to a halt while the MOECC and MNRF were ordered to search for any mention of Blanding’s turtles in the project’s approval process.

Crowley confirmed last week that at least 17 of the 29 proposed turbines in the White Pines project could also affect Blanding’s turtle habitat.

Gillespie has proposed two expert witnesses who would be able to reply to witnesses wpd will bring forward later in the process. They will be brought forward as expert witnesses, although parts of their statements that seem redundant will not be accepted.

No other expert witnesses have been heard yet; this week began with residents testifying about medical conditions that would be worsened by the turbines. Those witnesses, like the presenters, have less bearing on the panel’s decision.

Pontypool victory the second successful appeal for the environment

My Kawartha.com November 20, 2015

Tribunal agrees approved Pontypool wind project would destroy plant and animal life

Ward 16 Coun. Heather Stauble says Environmental Review Tribunal (ERT) decision about Settlers Landing wind farm is only the second in Ontario in favour of a municipality over a wind energy company

MANVERS TWP – Ward 16 Councillor Heather Stauble was literally doing a happy dance at the Fenelon Falls Community Centre after learning opponents of an industrial wind turbine project near Pontypool scored a huge victory on Thursday (Nov. 19).

Coun. Stauble was at a special council meeting when she got the news that the Environmental Review Tribunal (ERT) had announced its decision on the appeal of the Settlers Landing Nominee Ltd. wind project.

Announcing the decision to council, she was visibly overjoyed as councillors hugged and congratulated her.

“This a huge, huge step forward for the community,” she told This Week.

She noted this is only the second ERT decision in Ontario that has overturned a wind energy company approval in favour of a community.

The Director, Ministry of the Environment and Climate Change issued a Renewable Energy Approval (REA) to Settlers Landing Nominee Ltd., granting approval for the construction, installation, operation, use and retiring of a Class 4 wind facility with a total name plate capacity of 10 megawatts in Pontypool.

Settlers Landing wind park would have put five industrial wind turbines near the village.

SLWP Opposition Corp. appealed the REA to the Tribunal in May on the grounds that the project will cause serious harm to human health and serious and irreversible harm to plant life, animal life or the natural environment.

The Tribunal held the hearing in Pontypool on in September and October.

The Tribunal found “that the planned Settlers Landing wind project in Pontypool will cause serious and irreversible harm to plant life, animal life or the natural environment.”  Specifically, the Tribunal, in its decision found that construction and decommissioning of turbines 3 and 5, and the access roads to turbines 2, 3 and 5, will cause such harm to a significant woodland identified as Woodland 11, including the habitat it represents.

Coun. Stauble said having two out of five of the turbines ruled as harmful to the woodlands could affect the company’s FIT contract (whereby they acquire points for renewable energy contracts with the Province.)

Opponents of the wind turbines did not, the Tribunal found, satisfy legal tests with respect to other issues they raised in the appeal, namely serious and irreversible harm to water resources or to grassland bird habitat and serious harm to human health.

Several other wind energy projects from different companies have been approved in Manvers Township, and opponents to the industrial turbines have not let up in their battle to keep them out, especially since several turbines are proposed to be built on the provincially-protected Oak Ridges Moraine. The City has backed their fight, as council has not supported industrial wind turbines in the municipality. While the opponents have raised money for their legal costs, the City has given some financial support and also provided senior staff to testify at the hearings.

In its decision, the Tribunal noted it will provide “a separate opportunity for the parties and participants to address the appropriate remedy and the Tribunal’s remedial jurisdiction in this case.”

Coun. Stauble said the wind company will be given the chance to offer remediation for the two turbines, “but, they must adhere to a 550 metre setback, and to do so means they would have to put those turbines in the woodlands.

“Which they are now not allowed to do.”

Doctors say enough evidence of wind farm harm to use Precautionary Principle

Telling the truth, the whole truth
Telling the truth, the whole truth

Report on Environmental Review Tribunal Hearing on White Pines Wind Project‏‎

November 18

by

Paula Peel, Alliance to Protect Prince Edward County (APPEC)

 
APPEC’s health case proceeded​ on Day 8 with two experts providing evidence to the Environmental Review Tribunal (ERT) on the White Pines wind project: Dr. Alun Evans and Dr. Robert McMurtry.
 ​
Dr. Evans, Professor Emeritus at Queen’s University in Belfast, Northern Ireland, has studied cardiovascular disease for 30 years.  Dr. Evans told the Tribunal that his involvement in wind turbines is tangential to his interest in noise, sleep disturbance, and cardiovascular disease.  But he has also met many people severely impacted by wind turbine noise.
  
Citing published studies, Dr. Evans explained that the major adverse health effects of wind turbines seem to be due to sleep disturbance and sleep deprivation, mainly from loud noise and low-frequency noise (LFN), particularly infrasound.  Dr. Evans finds the “impulsive, intrusive and incessant nature” of wind turbine noise a particularly troublesome feature that is highly discernible in rural areas.  LFN, which is inaudible, is propagated over long distances and penetrates buildings where it can be amplified by insulation and closed windows.  Dr. Evans noted that sleep deprivation is associated with increased likelihood of developing a range of chronic diseases, including Type 2 diabetes, cancer, coronary heart disease, and heart failure.  His recent systematic literature review  found 18 published studies establishing an association between wind turbine noise and human distress.
  
While agreeing with James Wilson, counsel for WPD, that “human distress” is not a medical term Dr. Evans said that human distress needs to be taken seriously nonetheless.  He also agreed with Wilson that the results of observational studies do not constitute “proof”.   But what is important about these studies is the strength of the associations, which are certainly enough to point to the Precautionary Principle. 
 
Robert McMurtry, MD and Emeritus Professor of Surgery at University of Western Ontario, has studied adverse health effects from industrial wind turbines since 2008.  His public engagement includes   a 2009 Deputation to the Ontario legislature’s Standing Committee on the proposed Green Energy and Green Economy Act; expert witness testimony at the 2011 ERT on the Kent Breeze project; 2011 publication of “Toward a Case Definition of Adverse Health Effects in the Environs of Industrial Wind Turbines”; 2014 publication (with Carmen Krogh) in the Journal of the Royal Society of Medicine of “Diagnostic criteria for adverse health effects in the environs of wind turbines”; 2014 invited commentary by the Canadian Medical Association Journal (CMAJ) on the Health Canada Study; 2015 literature review, “Do wind turbines cause adverse health effects?” presented to the Acoustical Society of America; and 2015 Response to “Invitation to Submit” from the Senate of Australia.
When asked by Wilson to confirm statements in the Health Canada Study Dr. McMurtry clarified that he does not accept the findings because of many problems with study design and participation.  Among these are the principal investigator’s ongoing work for the wind industry and evidence of communications between Health Canada and the industry, including disclosure of the study prior to public release.
In contrast, Dr. McMurtry cited Dr. Cooper’s Cape Bridgewater study showing there is an indirect pathway for adverse health effects.  Dr. Cooper visited people’s homes and found that emissions from wind turbines could be detected without hearing them.
 
Dr. McMurtry stressed the fact that no wind farm monitoring has even been done in Ontario.  “It would be possible, as cited since 2006,” he said, “to reduce or eliminate the boundless discourse of dueling experts by conducting appropriate third-party research.”  The MOECC regulations are based upon out-of-date standards that fail to evaluate LFN and infrasound.
Both of today’s health experts emphasized that White Pines would harm a significant number of people. Eric Gillespie noted the importance of APPEC’s witnesses. He told the Tribunal that this is the first time the link has been established at an ERT hearing between wind turbine noise and those who are afflicted. 

Environmental Review Tribunal finds Settlers Landing project will cause harm to environment

Justice for the environment? We'll see...
Justice for the environment? We’ll see…

Next step is to hear from all parties on remediation

In a decision released today, the Environmental Review Tribunal has ruled that the proponent for the Settlers Landing wind power project near Pontypool Ontario will cause harm to the natural environment.

The Tribunal finds that engaging in the Project in accordance with the REA will cause serious and irreversible harm to plant life, animal life or the natural environment as set out in s. 145.2.1(2)(b) of the EPA. Specifically, the Tribunal finds that construction and decommissioning of turbines 3 and 5, and the access roads to turbines 2, 3 and 5, will cause such harm to a significant woodland identified as Woodland 11, including the habitat it represents.

The Tribunal also found that the Appellant did not have grounds for its appeal on harm to human health.

The next step, according to the Tribunal, is:

Consistent with the Ontario Court of Appeal decision in Prince Edward County Field Naturalists v. Ostrander Point GP Inc., 2015 ONCA 269 (CanLII), the Tribunal is providing a separate opportunity for the parties and participants to address the appropriate remedy and the Tribunal’s remedial jurisdiction in this case under EPA s. 145.2.1(4), which provides:

145.2.1 (4) If the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b), the Tribunal may,

(a) revoke the decision of the Director;

(b) by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations; or

(c) alter the decision of the Director, and, for that purpose, the Tribunal may substitute its opinion for that of the Director.

 

A telephone conference is scheduled to determine next steps and timing in this matter.

Graham Andrews of Eric K Gillespie Legal Corporation was acting for the appellant.

http://www.ert.gov.on.ca/english/decisions/index.htm

Noise complaints, health impacts dominate St Columban meeting

Complaints about St Columban noise mounting: Veresen's desktop predictions say, no problem
Complaints about St Columban noise mounting: Veresen’s desktop predictions say, no problem

Developer tells community to call them, not the government

Wind power developer Veresen held its third community liaison meeting for the St Columban project last evening. The meeting was “facilitated” by consulting firm Stantec.

Residents were able to ask questions of the company about the project, provided they were submitted by last Friday; the public was allowed to “observe.”

Noise complaints dominated the evening but the company’s response was that they are “in compliance” so no action will be taken. Residents from the nearby K2 project area attended the meeting and recounted problems with intrusive noise there.

Officials advised the community that noise complaints should be addressed to the company and not the Ministry of the Environment and Climate Change Spills Line.

THIS IS FALSE.

The MOECC confirmed for Wind Concerns Ontario this morning that calls from that project should go to the Guelph district office at 1-800-265-8658. (Callers should provide their location, the time of the call, weather conditions at the time of the call, and their identity and contact information.)

A community member asked about the $32 million in liens on leaseholder properties and was told that these are legal matters and will not be discussed.

 

 

 

Wind power developer tries to disqualify McMurtry evidence

Former University Dean of Medicine, member of the Order of Canada, and published researcher owns property in Prince Edward County, WPD counsel says, alleging conflict of interest

WPD sought to disqualify respected physician Dr Robert McMurtry. What are they worried about?
WPD sought to disqualify respected physician Dr Robert McMurtry. What are they worried about?
Report on Environmental Review Tribunal Hearing on the White Pines Wind Project

November 17, 2015

Day Seven of the Environmental Review Tribunal (ERT) began expert witness testimony on the health effects of the White Pines wind project.

The first order of business, however, was the Tribunal’s decision on the two environmental reply witnesses proposed by appellant APPEC.  Chair Marcia Valiante ​ruled the witness statements partially admissible subject to objections over “bolstering” and “originality” of evidence.

Then the hearing turned to the first of the health experts called by APPEC.  Christopher Hanning, MD, qualified as “a physician with expertise in sleep medicine and physiology,” said wind turbines are “inherently noisy and cause sleep loss” because the characteristics of amplitude modulation and low-frequency sound make them much more annoying than aircraft, railways, and road traffic.  Citing anecdotal and epidemiological studies, he explained that 15 percent of the population is sensitive to noise and “people are caused serious harm with current minimum setbacks.”  He argued that the level of proof which dissenting experts require is inappropriate and that the Precautionary Principle should be used to protect public health.  If adverse effects occur up to 1.5 km, this is incontrovertible evidence that the Ministry of Environment and Climate Change (MOECC) setback is inadequate.

After completing the examination in chief, Eric Gillespie, APPEC’s counsel, asked how the Tribunal would assess 118 sources in a 69-page witness statement since Dr. Hanning had been able to comment on only a few due to the Tribunal’s tight timelines.

​Chair Valiante replied that the Tribunal had established rules based on standard practice and Gillespie would have to appeal these in a judicial review.

In cross-examination Sylvia Davis, MOECC counsel, questioned the relevance and credibility of Dr. Hanning’s sources, in which statements by wind project residents are taken at “face value.”  Dr. Hanning clarified that in the practice of medicine people’s statements are generally accepted but followed by medical histories and clinical tests.  He asserted that the studies cumulatively show the existence of a health problem as well as the need for research.

​James Wilson, WPD counsel, questioned Dr. Hanning’s qualification to testify as he is not an acoustician.  Dr. Hanning told the ERT that having spent his entire professional life studying sleep it is apparent to him that any noise causing an adverse health effect constitutes serious harm to human health.  He said he relies on the World Health Organization definition of annoyance.  If people are annoyed to the extent they are forced to leave their homes or are too tired to drive, the annoyance is serious harm.

The second health expert called by APPEC was Dr. Robert McMurtry, whom Gillespie sought to qualify as a physician and surgeon with expertise in the delivery of health care, heath care policies and health policies.  Gillespie noted that Dr. McMurtry had been so qualified at previous ERTs, and he pointed to a long and distinguished career in medicine, invited testimony this year before the Australian Senate, and peer-reviewed publication in the Journal of the Royal Society of Medicine on health effects in the environs of wind turbines.

But Wilson objected to the qualification of Dr. McMurtry.  He submitted that as a homeowner in the White Pines project area Dr. McMurtry was not an independent witness, had a personal financial interest, and should not be permitted to give opinion evidence. Gillespie responded that at this time Dr. McMurtry has no financial interest in anything.  He noted further that Dr. McMurtry’s opinion has been relevant at other hearings and is important for the Tribunal to hear.

The Tribunal agreed to qualify Dr. McMurtry as an Expert Witness and decided that due to the lengthy process of qualification his testimony would be given the next day.

The ERT resumes Wednesday, November 18, 10 a.m. at the Essroc Centre, Wellington.

-Henri Garand and Paula Peel, Alliance to Protect Prince Edward County