Wind Concerns Ontario is a province-wide advocacy organization whose mission is to provide information on the potential impact of industrial-scale wind power generation on the economy, human health, and the natural environment.
A qualified professional real estate appraiser in Illinois alleges that an executive with U.S. wind power developer Invenergy is conducting a campaign of defamation and slander against him, in an effort to have him disqualified from testifying as an expert witness on wind turbines and property values.
Michael McCann wrote a letter on October 20th to the County Supervisors in Palo Alto, Iowa, to counter statements made about him by the Invenergy employee, Michael Blazer, who is both a company vice-president and chief legal officer.
Apparently, Blazer filed an online complaint with the Illinois licensing board that governs the practice of real estate appraisers in that state, then took a screenshot of his complaint and filed that as proof that Mr McCann was “under investigation” by the licensing board. There was no public documentation of any complaint.
The Illinois Department of Financial and Professional Regulation did process the online submission but found it to be without merit, and dismissed any complaint against Mr. McCann. His license is not in fact under review.
Nevertheless, McCann alleges in his letter, months later Invenergy and Blazer continue to repeat the story that McCann is under suspicion, in an attempt to prevent McCann’s testimony about “injurious” effects of the presence of wind turbines on property values.
“This was a blatant attempt by an Invenergy officer and attorney acting as complainant, judge, jury and firing squad to advance his corporate interests by sullying my reputation, and apparently to try to prevent me from testifying regarding my well documented findings regarding the significant impact of wind turbines on neighboring values.”
“This attempt to discredit an expert witness by a wind power developer is very worrying,” says Wind Concerns Ontario president Jane Wilson. “It is hard enough for ordinary citizens and community groups to achieve any kind of justice against these huge, wealthy power developers, without active campaigns to slander and discredit witnesses.”
Residents of Chatham-Kent who are concerned about reports that as many as 12 water wells may have been affected by pile driving activity during construction of the North Kent II wind power project continue their demonstration at the site today.
The power developer filed for an injunction against them last week, citing concern for the safety of construction workers. The demonstration has been peaceful, and was conducted through the Labour Day holiday weekend.
The campaign has been organized by local community group Water Wells First, which filed an appeal against the power project. The appeal was withdrawn when the appellants were not allowed time to have experts review a hydrology report submitted by the developer.
Chatham-Kent has asked the Ontario government to halt construction until the situation has been reviewed, and property owners affected have been offered free water testing by independent laboratories.
The Ministry of the Environment and Climate Change has taken no action.
For more frequent updates on the demonstration, please check on our Facebook page, and/or at Water Wells First.
The Canadian Wind Energy Association or CanWEA, the wind power trade association/lobbyist/influencer has a document on community engagement for its developer members in which it advises, people have a right to object to your project.
Germany-based power developer WPD seems to have missed that page. Not only has the company faced the fact the community in Prince Edward County by and large does not want a huge wind power development as evidenced by a Not A Willing Host designation and numerous resolutions at council, but it has also seen its project decline from 29 turbines to 27 then virtually razed of 18 more by the Environmental Review Tribunal.
Undaunted in its quest for revenue from its rich contract with the Ontario government, the company now threatens to begin construction on the remaining nine turbines on Sunday, September 10. And in a move tantamount to walking into a room and putting a gun on the table, WPD sent a letter to Prince Edward County Council threatening legal action and substantial costs should the municipal government try to obstruct its project.
Mayor Robert Quaiff has called an emergency meeting at Shire Hall in Picton on Thursday at 1 PM, and Councillor Steve Ferguson is hosting a Town Hall in Milford, next week.
Update on White Pines wind project in Prince Edward County
The Tribunal’s decision of last April to remove 18 turbines from the White Pines wind project — two thirds of the total Project — seems not to have deterred wpd in the slightest. On the last day of July wpd served Notice to the County that it intends to start construction on the 9 remaining turbines in the project as of Sunday, September 10th.
In response to this Notice, South Marysburgh Councillor Steve Ferguson is calling a town hall meeting in Milford on September 5th to provide information about the wind project and to answer questions about the project’s implications to Milford residents and the surrounding area. Mayor Robert Quaiff and other Council members as well as municipal staff, will be on hand to answer questions.
Also on the meeting’s agenda is a Notice of Dispute that was issued to the County on August 23. wpd has given the County 10 days response time on a number of permit applications that were delivered to the County along with the Notice:
“In accordance with the terms of the RUA (Road Users Agreement), please advise of your decision on these applications within 10 days of this correspondence. . .The County’s failure to issue the permits to which wpd is entitled under its REA (Renewable Energy Approval) will be taken by wpd to be an act of bad faith and an attempt to frustrate its wind energy project. If we do not hear from you on or before September 7th, 2017, we will engage our external counsel to take all steps necessary to enforce our rights before the Divisional Court on an urgent basis and to seek our costs for doing so.”
While wpd blusters about others’ bad faith, its own actions tell a different story.
The company made no effort to comply with the REA condition to set up a Community Liaison Committee within three months of receiving its REA and has made no effort in the two years since receiving the approval.
To make things worse, wpd has wrapped itself in a cloak of silence. All pretense of public consultation has been dropped. wpd now declines to respond to any questions from members of the public. While everyone realizes there must be major repercussions after such a significant down-sizing, everything is now handled by wpd out of the public eye.
This has only fuelled speculation about the status of wpd’s FIT (Feed-In-Tariff) contract, the OEB approval for leave to construct a (now non-existent) 28-kilometre, 69-kv transmission line, the change from a transmission to a distribution project and all that involves, Hydro One’s potential involvement and rumours that wpd may be opting to hang power lines above-ground on poles in direct contradiction to their REA commitment to bury the lines (with two minor exceptions where overhead lines were required).
As September 10th draws closer, members of the public of Prince Edward County are looking for answers.
The approval for proposed Fairview Wind power project has finally been revoked by the Environmental review Tribunal, on the basis of serious harm to human health and risk to aviation safety — the project was close to two airports.
Our question is, HOW did this power project get as far as it did? How could Transport Canada not block this? Why should taxpayers have had to pay out hundreds of thousands of dollars to protect safety and the environment from their own Ontario Ministry of the ENVIRONMENT and Climate Change?
In the original decision issued last fall, the Environmental Review Tribunal accepted the appellants’ aviation expert testimony, which included a rejection of any “mitigation” proposed by the wind power developer, wpd.
In specific the panel noted:
 For these reasons, Tribunal accepts that the margin for error posed by introducing the proposed wind turbines at their proposed locations would be inadequate to either prevent collision with a wind turbine, or prevent a crash due to wind turbine-induced turbulence.
 The Tribunal finds that Mr. Cormier has provided informed criticisms of the proposed mitigation measures that were not contradicted by the Director’s or Approval Holder’s experts, and, therefore, the Tribunal accepts Mr. Cormier’s evidence in this regard. As such, the Tribunal finds that there is insufficient evidence that mitigation measures will be effective.
The reason for the delay in revocation of the approval was because a secondary issue was harm to the Little Brown Bat and the Tribunal felt it necessary —despite the clear risk to human health — to review and evaluate the mitigation procedures proposed. The Tribunal in its decision released this week, did find that the mitigation measures were acceptable but in any event, the risk to human health was sufficient to cancel the approval.
In the October decision, the Tribunal noted that documents from the power developer referred to Transport Canada in an apparent claim that that government agency was OK with proposals for new approaches for pilots to avoid the turbines. However, the Tribunal noted that the Transport Canada letter was “carefully worded” and did not, in effect, provide approval for the power developer’s notion of how to avoid plane crashes.
At “the end of the day” as lawyers say, we are left scratching our head as to how such a proposal could get so far when common sense would seem to dictate otherwise, and why our own government could be so blinded by its “green” ideology that it is more than willing to defend the proposal?
“…in the public interest … to remove from the REA turbines … in Blandings turtle habitat”
The Environmental Review Tribunal released its long awaited decision on the remedies proposed by wind power developer WPD for its White Pines project in Prince Edward County Ontario to protect the endangered Blandings turtle and Little Brown Bat.
Relevant sections of the decision:
 In light of all of the circumstances, based on the evidence provided and taking
into account the purposes of the EPA in support of environmental protection and
renewable energy, the Tribunal finds that it is in the public interest to alter the Director’s
decision by amending the REA in part. The Tribunal finds that it is in the public interest
to add the Approval Holder’s proposed Condition L2 to the REA, but to alter that
condition by removing Tables 3-1 to 3-3, in the NRSI Plan. The Tribunal further finds
that it is in the public interest to remove from the REA the turbines proposed to be
accessed by the proposed upgraded secondary and tertiary municipal road segments
and by the intersections in Blanding’s turtle habitat, specifically Turbines 12, 13, 14, 15,
Condition J7.1. The Company shall implement the Mitigation Plan
for Operation of the White Pines Energy Project, dated July 21,
2016 prepared by Stantec Consulting Ltd., including:
1. Implement the monitoring and mitigation measures as
outlined in Table 2 of the Mitigation Plan;
2. Adjust cut-in speed to 5.5 m/s between sunset and sunrise
from May 1 to September 30 at all turbines for the operating
life of the Project; and
3. In the event of a mortality of a bat species that is a species
at risk, successively increase the operational mitigation as
detailed in Table 2 of the Mitigation Plan.
The question that remains is, with 60 percent of the project effectively removed, how can WPD meet its obligation to provide 75 percent of the power in its contract?
The entire project may have to be reformulated…it remains to be seen whether the company will opt to do that by using 4.1 MW turbines perhaps, or by finding other locations, but the company may have run out of time to do that.
Here is a recording of lawyer Eric Gillespie’s closing remarks at the remedy hearing held in Wellington, last January. “The only remedy is to revoke [the approval]. … the result of mitigation will be to extirpate a species.”
Judge says OMB offers limited justice—is the same true for the ERT?
Recently, lawyer and retired Ontario judge Peter Howden published a book on the Ontario Municipal Board, titled, The Ontario Municipal Board: From Impact to Subsistence 1971-2016.
Howden, a judge for 20 years, also served for 10 years with the OMB.
According to a review of the book by Ottawa Citizen columnist David Reevely, Howden’s opinion of the OMB is that killing it off would be better than leaving it to function as it is.
In our view many of Howden’s comments about the OMB (which was a key factor in approval of Ontario’s early wind power projects against community wishes) can also be applied to the Environmental Review Tribunal or ERT. Both are administered under ELTO or the Environmental and Lands Tribunal Ontario branch of government.
The people who staff the OMB are “unknown entities, people largely without any public profile who seem to do whatever they want without criteria, limiting elements, or ability to define why one group won and the others lost.” Further, Howden says, OMB members’ decisions may be one-page rulings that are issued after days of detailed testimony, or they are rambling documents in which rationale is buried.
“The price to be paid,” Howden writes, “…is the continued progressively worsening public cynicism and the record over the past 10 years of insufficient deliberation and writing time, inconsistency in policy and outcomes, reliance on part-time members …”
Howden also says the set-up of these tribunals is a problem and interferes with their mandate: the adversarial nature of the hearings, not unlike court battles, is unfair for residents fighting well-funded developers.
“Most homeowners these days are simply trying to maintain their homes and families. They do not have the thousands of dollars it takes to round up a team of professionals….This kind of inequality erodes any sense of justice.”
Lack of justice is emblematic of the hearings before the Environmental Review Tribunal where Ontario citizens spend hundreds of thousands of after-tax dollars to protect their communities and the environment, ironically from the Ontario Ministry of the Environment, which has a special, supportive relationship with the wealthy wind power developers it appears alongside in the hearings.
Countless appeals were mounted in Ontario by well-meaning dedicated citizens who took their fight for their community and environment to the Tribunal, without benefit of legal counsel at all, while wind power developers were represented by lawyers from Canada’s top law firms.
Millions spent by citizens
A recent informal poll of Wind Concerns Ontario member community groups reveals that communities have spent over $3 million in legal costs to mount appeals before the ERT, and that number is almost certainly understated.
Moreover, citizen evidence presented at the hearings, paid for by citizen dollars, is often critical to wind power project operations—even in appeals that have been unsuccessful, the evidence presented has resulted in changes to the proposed power projects. This evidence is usually indications of risks to the environment, facts that the Ministry of the Environment and Climate Change would have been aware of, if they did any oversight or checking on Renewable Energy Approvals … which they do not.
For example, the evidence presented on the danger to species such as the Blandings Turtle and the Little Brown Bat –paid for by citizens who raised money through spaghetti suppers and garage sales—won the day for the environment in several appeals. The appeal of the Ostrander Point project, which took years of work by Prince Edward County naturalist and community groups, not only resulted in overturning the approval for the project in a fragile environment, but also caused the Tribunal to refocus its aims, and conclude that, contrary to claims by the MOECC and developer lawyers, wind power was not necessarily a “greater good” that outweighs everything—balance must be achieved in protecting the environment.
In the fight at Clearview, citizen evidence showed not only was there danger to wildlife from the proposed wind power project, but there was a clear danger to human life from a project planned close to not one, but two airports.
Judge Howden concludes that the OMB should be a body worthy of respect.
Last week, the wind power communications machinery was touting the virtues of the Gunn’s Hill wind power project which they claim is Ontario’s first real “community” wind power project, half-owned by the local community.
The project’s success was owed to its partners, the Oxford Community Energy Cooperative, a (non-local) First Nation, and Bullfrog Power as well as the Germany-based power developer, Prowind.
The story was repeated on CBC’s Ontario Morning.
Community-based? Not so fast.
Retired engineer William Palmer wrote to correct the CBC on their assumptions, with this letter.
I listened with interest this morning as Wei Chen spoke with Miranda Fuller, Communications Director of the Gunn’s Hill Wind Project about this “community project” of the Oxford Community Energy Cooperative.
– it is a project with 49% community ownership
– 33% of the members of the cooperative live in Oxford County
We heard also learned of the other owners, ProWind Canada, and Six Nations of the Grand River Development Corporation.
Let’s look a little deeper at this community involvement.
The Cooperative Web Site says, “The present membership consists of 160 individuals and organizations that live in the project vicinity, Oxford County and all of Southern Ontario,” to whom $9 million in shares and debentures were sold. Yet, to be a member of the cooperative the minimum share is $100, so not every member needs to be a major investor. It is interesting to read who some of the other members of the cooperative are – including the project developers. Elsewhere the website says there are 186 members.
So that means there are about 33% of 186 = 62 members of the cooperative that live in Oxford County … which Wikipedia tells us had some 105,719 residents in 2011, so we can see that 0.06% of the county population are supporters. It’s not exactly a wide support base in the county.
You might be interested in knowing that at the Environmental Review Tribunal the Township of Norwich Councillor for the impacted ward, Mr. Wayne Buchanan spoke of the Township of Norwich’s past and ongoing objections to the Project. He presented three letters to the Tribunal, one from the Township to Premier McGuinty asking for a moratorium on wind turbine developments, one to the Approval Holder (developer) asking for a delay in the development until noise and health studies are available, and one to Premier Wynne noting that the Township of Norwich was an unwilling host of industrial wind turbines.
You might also be interested in knowing that the office of the participating Six Nations of the Grand River Development Agency is located over 50 km from the wind turbines. It is a financial investment, but not exactly in their neighbourhood. (A similar case occurred in the community of Dutton Dunwich, where the participation of First Nations groups included First Nations located near the Manitoba Border or James Bay, but not the local First Nation.) “Points” are received by the Ontario Renewable Energy Approvals process for “community involvement, or for First Nations involvement, even if they are not from the impacted community.
Now, why would folks invest in such a development? Well, the 10 turbines of Gunn’s Hill will be paid some (10 x $135 a MWh x 1.8 MW x 8760 hours a year x 24% capacity factor) = $5,108,832 a year for the estimated 37,843 MWh they will produce – whether the electricity they produce is needed or not (as wind developers can be paid to curtail operation or not produce when the electricity is not needed). Interestingly, had the power been produced instead by Bruce Power, the payment would have been less than half as much. That $5 million a year for a 20 year contract, is pretty good return for a project with a total investment of perhaps $40 million. Few other (government supported) investments will return some 12.5% a year on a guaranteed basis for 20 years. Sadly, the power consumers of Ontario, including those who cannot afford to pay their electricity bills, are the payees of that investment return.
Wei Chen started to ask a question that deserved an answer … about how people will think when their electricity bills arrive. Ontario simply cannot keep paying twice as much for a product that is delivered best at times when it is not needed … and then pay Michigan or New York State to take the excess off our hands (or at the very least give them the electricity for free to power their industries) without adversely impacting power rates in Ontario. It is no wonder that Ontario rates are climbing so rapidly.
I thought that Wei Chen or other Ontario Morning staff might be interested in scanning what concerns I would have presented to the Environmental Review Tribunal where I was accepted as an expert witness, had they chosen to accept all my testimony. (They did not, and what was presented was only a fraction of what was initially prepared for them). A copy of my presentation as initially offered to the Environmental Review Tribunal is attached, and signed as a Professional Engineer. I note that many others in the community also made presentations – again with only partial acceptance by the Environmental Review Tribunal.
I have blind copied a few of the local participants and interested bodies who may not have heard your interview this morning and who may wish to contact you to confirm if what you were told was accurate that “once the turbines are in operation the project is accepted” or as Miranda Fuller noted, people see the turbines as “majestic.”
The “remedy” hearing for the White Pines wind power project by wpd Canada was held in Wellington, Ontario before a standing room only crowd in the village community centre.
The purpose of the hearing was to allow the power developer to propose mitigation for the endangered Blandings Turtle and the Little Brown Bat, which the Environmental Review Tribunal found earlier would be seriously and irreversibly harmed by the wind power project. This is the first hearing in Ontario at which “remedy” or mitigation has been proposed for the bat species.
A news story by County Live summarizes the day’s events (though not quite the end-of-day fireworks between counsel and the ERT chair), and can be found here. (Fate of County’s South Shore)
The wind power developer was accused by counsel for appellant the Alliance to Protect Prince Edward County (APPEC) of filing too much material as a reply submission, which constitutes “bolstering,”* lawyer Eric Gillespie said. At issue was a new supposed scientific article which was not in original evidence; after an hour of wrangling, the lawyers agreed to remove the article except for one explanatory chart.
The measures proposed by wpd (which is scheduled to propose similar mitigation measures in the case of the Fairview appeal) included special road construction and monitoring for turtles, and heretofore untried methods of altering “cut-in” speeds for turbines, to avoid killing the bats, which are on the edge of extinction in Ontario.
The only real proposal is to cancel the project, Gillespie said: “The only real prevention is zero deaths, that’s what prevention is.”
A key strategy was to institute measures so that animal deaths dropped below the “irreversible” level, the power developer’s lawyers said, and the onus was on the appellants to prove what that is. Not so, said Mr. Gillespie.
Mr. Gillespie was also disturbed that rules of evidence and reply were being ignored; he told the ERT panel that accepting the power developer’s submissions as they were meant the panel was creating new rules, which would affect every other appeal in Ontario, and would certainly be discussed in Ontario Divisional Court.
In the final hour, the lawyers for wpd reviewed for the panel what the wind power developers’ counsel thought their job was, while Mr Gillespie referred to the decision at Ostrander Point and said that environmental protection was a key issue, and the panel’s real role. Gillespie was so insistent on adhering to the rule of law as regards the approval holder’s submissions (“So far from being proper it is not even in the ballpark”) that at one point wpd lawyer Patrick Duffy stood up and exclaimed “Mr. Gillespie, just STOP!”
As the submissions and reply concluded the Chair Marcia Valiante said “We are adjourned” and then wpd counsel interrupted and demanded to know when the decision would be rendered as “we have an important date in April”(if the project is not begun, the contract will end). The Chair said they would do their best to render a decision soon, and she then adjourned the hearing, again.
*Bolstering Law and Legal Definition. Bolstering means to build up or support. Bolstering testimony is generally improper. Bolstering testimony is improper when it relates to the witness’s truthfulness on a specific occasion and when the foundational requirements of evidentiary rules are not met.
A resident of Dover Centre in Chatham-Kent is calling for leaseholders in wind turbine projects to be released from the non-disclosure or “gag” clauses that are preventing full awareness of the situation regarding contaminated well water in the region, says a resident writing in the Sydenham Current.
When the recent appeal of the North Kent 1 wind power project was dismissed, the only expert advice offered was the technical report completed by Golder & Associates, paid for by the wind power developer.
“What if accepting the wind developer’s Golder report the Mayor and Mr. Norton put all of Chatham township’s property at risk from an environmental stigma?” asks letter writer Peter Hensel.
” A stigma that the aquifer below would be contaminated with vibrations and is no longer capable of providing safe clean water. You think your property won’t drop like a stone in value? Think again.
“What if accepting the Wind developer’s Golder report the Mayor and Mr Norton allowed pile driven turbine foundations that increased the heavy metal concentrations in the source water – the water in the aquifer below Chatham township? What price do you put on your families’ health?”
The Environmental Review Tribunal refused appellant Kevin Jakubec time to have other experts review the Golder report, which jeopardized his appeal.
“It was only because the MOECC [Environmental] Tribunal Branch refused a time extension to let Mr. Jakubec bring in well test results from Dover into the Trubunal’s final hearing did Mr. Jakubec make the best of Tribunal process and took what gains he could get from the mediation.
“Ask Mr. Jakubec if he stopped investigating Dover,” says Mr Hensel. “Ask Mr. Jakubec if the Tribunal process is fair and that everything is neatly wrapped up now as Mayor Hope and [C-K legal counsel] Mr. Norton would want you to believe.”
Comments filed on Renewable Energy Approval process
“The litany of failures is astounding,” says president of community group coalition
Wind Concerns Ontario filed comments with Ontario’s EBR yesterday, with recommendations on revisions to the Technical Guide for the Renewable Energy Approval process for industrial-scale or utility-scale wind power projects.
Basically, WCO said, the guidelines for the power industry are not protective of the environment … and there is plenty of evidence to prove it.
In short, the requirements in place for companies to get approval are not adequate, there is not enough proper oversight by the Ontario Ministry of the Environment and Climate Change (or even, capacity to do fulfill that role), and there is no check on compliance with Renewable Energy Approvals post-operation.
Findings from the ERT decisions and other legal activities have shown that the current process is not adequate to assess the expansion of renewable energy generation while upholding the government’s commitment to protecting the environment.
The process contains no provisions to discuss the creation of clean energy jobs and encouraging energy conservation.
The proposed process does not reflect decisions from the Environmental Review Tribunals (ERT)
“The fact is, almost every single wind power project that received an approval in Ontario has been appealed on the basis of protecting the environment and human health,” says Wind Concerns Ontario president Jane Wilson. “And four of those appeals have been successful. The Ministry should be embarrassed that ordinary citizens are not only taking on this protective role, but that they find information about these projects and the damage they will cause, that Ministry staff were not aware of.”
Wind Concerns not only recommended more stringent requirements for a Renewable Energy Approval, the coalition of community groups and Ontario families repeated its call for municipal support to be a mandatory requirement for wind power project approvals.
“Municipal governments are the local voice of the people and communities,” says Wilson. “And they know best what kind of development is appropriate and sustainable. They are also aware of conditions locally that logically should prevent a wind power project — but those voices are not listened to under this process.”
Thousands of noise complaints have been made to the Ministry of the Environment and Climate Change, Wind Concerns Ontario says, which is a clear indication of the failure of the REA process. Moreover, MOECC protocols for measuring wind turbine noise emissions – when they do measure at all as follow-up – are not adequate and do not capture the full range of problematic environmental noise.
“In fact, the litany of failures of this process is astounding,” says Wilson.
The method in which projects are announced to communities is secretive and municipalities are forced to approve with almost no information on the impact of the power projects. Public “meetings” are a sham, consisting mainly of poster presentations and incomplete project information.
Post-operation, the numbers of bat deaths and bird kills far exceed what was expected from the wind turbines, noise complaints are being made more frequently as a result of more powerful turbines, and wind power companies have abused their approvals by removing trees from protected woodlands, for example, or placing turbines on sites not consistent with the approvals.
“Premier Wynne professed to be surprised recently at the removal of over 7,000 mature trees in the Niagara area for the huge power project there,” Wilson says. “Does the government not know what is really going on? The people of Ontario see the environmental damage being done and the effects on people’s health from high-impact wind power development — this process has to change.”