MPP demands answers on contract process from Chiarelli

 

FOR IMMEDIATE RELEASE

March 22, 2016

YUREK QUESTIONS MINISTER ON WIND TURBINES IN DUTTON/DUNWICH

QUEEN’S PARK – This morning MPP Jeff Yurek rose in the Legislature to question the Minister of Energy on the recently awarded industrial wind turbine project in the Municipality of Dutton/Dunwich, found in MPP Yurek’s riding of Elgin-Middlesex-London.

“This government has stated that municipalities will have a say in wind projects however; in this latest round of contracts this seems not to be the case.  Minister will you explain to the municipalities in my riding why their views do not matter to this government?”  questioned MPP Jeff Yurek.

On March 10, 2016 Invenergy was awarded a 60 megawatt project in the Municipality of Dutton/ Dunwich.  The Municipality of Dutton/Dunwich had declared themselves an unwilling host for Industrial Wind Turbines after conducting a survey which showed 84 per cent of residents were opposed to a wind project.

On the contrary, the municipality of Malahide declared itself as a willing host and their project was denied. The government promised to listen to rural Ontarians but has failed to do so.

“It is unfortunate that this government has blatantly chosen to ignore the local voice on these projects. The approval of the Dutton Dunwich project is literally tearing this community apart.  Unfortunately, this government continues to ignore the voice of rural Ontario,” concluded MPP Jeff Yurek.

 

Stantec staffer qualifications questioned at Amherst Island appeal

Power developer says no turtles on Amherst Island; turtle experts and residents say there are.
Power developer says no turtles on Amherst Island; turtle experts and residents say there are.

Kingston Whig-Standard, March 18, 2016

By Elliot Ferguson

BATH — The two sides fighting it out at the Amherst Island Environmental Review Tribunal sparred over the qualifications of an expert witness Friday morning.

Andrew Taylor, an ecologist with Stantec Consulting, the company that performed environmental studies for the proposed wind energy project, had been called to testify on behalf of Windlectric, which has received conditional approval from the Ontario government to build up to 26 wind turbines on Amherst Island. Taylor was called to provide testimony about the impact the project could have on bats and turtles on the island.

Windlectric lawyer Arlen Sternberg said Taylor was qualified to testify about the project’s potential impact specifically on birds, bats and turtles.

“He’s got a lot of experience he has developed on those topics over the years,” Sternberg said.

Eric Gillespie, the lawyer for the Association to Protect Amherst Island (APAI), had opposed Taylor’s expert qualification and instead wanted him declared a witness with experience in wildlife.

In the end, tribunal member Robert Wright ruled Taylor could be considered an expert witness on the effects on wildlife of wind energy projects, but he did not specifically label him an expert on birds, bats and the Blanding’s turtle.

Sternberg had noted earlier in the morning that Taylor has testified at five other ERTs as an expert witness and has studied the impact on wildlife at the pre- and post-construction stages of wind energy projects.

Sternberg said Taylor was more qualified than many expert witnesses called by APAI.

Under questioning from Sternberg, Taylor said he has performed wildlife studies at 19 large construction projects, including nine wind energy projects, and had delivered testimony at previous ERTs.

“This tribunal has accepted him five other times as an expert witness,” Sternberg said.

Earlier in the hearing, Taylor provided expert testimony about the impact of wind energy projects on birds.

A 2013 study from Stantec stated there are no Blanding’s turtles on Amherst Island. Island residents have testified earlier in the tribunal that they have seen Blanding’s turtles on the island.

APAI’s lawyer Gillespie admitted that it is rare to challenge the qualifications on an expert witness, but he noted that Taylor was not accepted as an expert witness at the 2013 Ostrander Point ERT. Gillespie argued that little has changed in Taylor’s qualifications since then that would make him an expert witness in this hearing.

“We say nothing has changed,” Gillespie said. “It’s the same Andrew Taylor who is standing here.”

Read the full story here.

Prince Edward County on the ‘eve of destruction’ as power developer threatens to clear vegetation for unapproved wind power project

No stay decision yet, developer and ministry make plans

Tree-Mauler

wpd Canada sent this photo to show what kind of machinery they’ll be using. Nice.

The Wellington Times, March 17, 2016

Many eyes will be watching the countryside south of Milford today, looking for signs of heavy equipment arriving to clear the land of not-yet-budding vegetation. As of Monday, there was no decision on a motion for stay in construction activity on the industrial wind project site.

The developer, wpd Canada, advised the Alliance to Protect Prince Edward County (APPEC) and John Hirsch, appellants of the project at an Environmental Review Tribunal that it intended to commence vegetation destruction this week—despite the Tribunal’s decision that the project would cause serious and irreversible harm to two endangered species, the Blanding’s turtle and the little brown bat.

APPEC responded immediately seeking a halt on all physical activity at the site. Other parties have said they wish to be heard on the matter so the Tribunal has allowed a few days this week to hear those submissions.

In the meantime, the Ministry of the Environment and Climate Change (MOECC) has advised the developer it must complete a stormwater management plan before construction begins.

wpd Canada spokesperson Kevin Surette says that report has been completed and his company is awaiting the MOECC’s signal to begin clearing the land.

“The intent of the notice provided to APPEC on March 1st was to make them aware that vegetation clearing could occur anytime after March 14,” said Surette. “MOECC has indicated the Stormwater Management Plan must be approved prior to vegetation clearing; it has been submitted, and it could be approved at anytime.”

Remember that this is a project that has been stopped by a Tribunal—yet wpd Canada and the MOECC continue to go about development of this project as though nothing has changed.

But APPEC and a variety of conservation groups are sounding an alarm about the devastation that will result for the habitat of vulnerable species that reside in and around the targeted area.

“wpd Canada will be clearing significant wildlife habitat for endangered species such as the Blanding’s turtle and endangered grassland species such as the whip-poor-will, eastern meadowlark and bobolink,” said Orville Walsh, APPEC chair. …

Read the full story here.

Critics blast Ontario wind farm contract process

“A slap in the face for rural Ontario” says Dutton-Dunwich Mayor

84% of Dutton-Dunwich citizens said NO to proposed wind farm. They got one anyway. (Maybe)
84% of Dutton-Dunwich citizens said NO to proposed wind farm. They got one anyway. (Maybe)

 

London Free Press, March 16, 2016

By Debbie Van Brenk and John Miner

A new process to select sites for renewable energy projects was “open, fair and transparent,” says an evaluator hired to ensure selectors followed all the rules.

But critics are furious the same rules let wind firms with low bids trump municipal objections and the “transparent” process doesn’t yet let them know why.

“We were involved in the process of the initial guidelines . . . and we said there had to be co-­operation and support from the community (for a successful bid),” said Cameron McWilliam, mayor of Dutton-Dunwich. “And we didn’t get it. We got ‘community engagement,’ which is what we’d have with any development . . .

“That’s not what we were led to believe were the terms.”

A week after Invenergy got the go-ahead to negotiate a contract with the province for 20 to 25 turbines in Dutton-Dunwich, the municipality is still awaiting word on why it’s getting a project opposed by 84 per cent of the residents who voted in a referendum.

“We don’t have any information as to what the criteria were and what criteria they met,” McWilliam said.

The green energy contract selection process was designed and run by the Independent Electricity Systems Operator (IESO), a not-for-profit corporation overseeing Ontario’s power system.

Previous rounds of wind energy contracts drew allegations of political interference, including a NAFTA lawsuit by U.S. energy tycoon T. Boone Pickens against Canada. Pickens’ suit, claiming $650 million in damages after his company was denied a contract for a wind farm near Goderich, awaits a NAFTA tribunal ruling.

For this latest round of wind farm procurement, an outside firm was hired as a “fairness advisor.”

The firm, Knowles Canada, in a March 9, 2016, letter posted on IESO’s website, said the procurement in their opinion “fully met provincial standards of an open, fair and transparent process.”

Under the old process of the 2009 Green Energy Act, Ontario set rates it was prepared to pay wind, solar and hydro producers per kilowatt-hour generated.

Under the new process, developers had to submit a price they were willing to accept. Their bid would be weighed along with other ­factors, including community support from municipal ­councils, nearby landowners and First Nations.

An energy developer offering a lower price, but no community support, might still win a contract offer; a developer with community support, but a higher price, might not.

In Malahide, just east of Dutton-Dunwich, for example, council backed Capstone Power Development’s plan to expand its Erie Shores Wind Farm, but the bid was unsuccessful.

“A lot of very, very positive things were working in that project’s favour,” said David Eva, a ­senior Capstone vice-president, ­noting “very strong support” of host municipalities and other features made it “very viable.”

Meanwhile, McWilliam said he’d like to see the numbers now. “IESO is making a big deal about the (open) process, but why can’t they share that? It’s taxpayers’ money.”

His municipality sent a terse email to Energy Minister Bob Chiarelli, noting council had met him “on numerous occasions” to make the ministry aware residents had “clearly stated they did not want an industrial wind turbine project.”

McWilliam maintains if a municipality doesn’t support a proposal, that should be a deal-breaker.

“It’s a slap in the face for sure for rural Ontario,” he said. “Everybody is scratching their heads.”

Read the full article here.

 

Six appeals filed against contentious Clearview wind farm

An insult to the community, says a councillor. Issues include aviation safety, economic impact, planning control

Small airplane on runway

By Gisele Winton Sarvis, PostMedia

Barrie Examiner, March 9, 2016

CLEARVIEW TWP. – Six separate appeals have been filed to the Ministry of Environment and Climate Change (MOECC) against its approval of the wpd Canada project to construct eight 500-ft wind turbines east of Stayner.

At the Feb. 29 Clearview council meeting, Deputy Mayor Barry Burton said that in addition to appeals filed by Clearview Township, the Town of Collingwood and the County of Simcoe, appeals have also been filed from Kevin and Gail Elwood, the Wiggins Group and Preserve Clearview Ltd.

Burton didn’t discuss the topic any further but later in the meeting, council was reluctant to even receive the lengthy wpd Fairview Wind Project Renewable Energy Approval (REA) document for information.

“This is in no way accepting the report, it’s just for information,” said Burton, who chaired the meeting.

The municipality is opposed to the project due to concerns over public safety as the closest wind turbine is just more than 3,000 metres from the end of the runway at the Collingwood Regional Airport.

In addition, plans for the Clearview Aviation Park is expected to attract business and potentially hundreds of jobs in the aeronautic industry and therefore expand use of the airport. A study commissioned by the municipality, found that turbine construction would put the economic development project in jeopardy.

Clearview fought and received intervenor status in a court case between wpd Canada and the MOECC in order to voice its opposition to the project.

But on Feb. 11, the day before the case was to be heard, the MOECC granted wpd approval to construct the turbines.

‘This has to be stopped’

Coun. Thom Paterson said during the council meeting, “This is the kind of insult many municipalities feel in this process. We can make the concerns known and be ignored… This has to be stopped. Many municipalities have made that known. Hopefully the government will start to listen.

“Here’s a another example of your government not listening to your municipality,” he said.

Following the meeting, Burton said the municipality is “forced” to go to the appeal route because they didn’t get their day in court.

“Premier Wynne talked about how unwilling communities would get their say and that wind turbines wouldn’t be forced upon them and that’s exactly what’s happening in Clearview. They are being forced upon us,” he said.

“And when we tried to have a proper hearing and spent money in the process, they bailed at the last minute and caved into wpd, so it’s very disappointing,” he said.

“I don’t feel the province has done its due diligence.”

Read the full story here.

Wind power site “poorly chosen” : Environmental Review Tribunal

Power developer admits it was unaware of degree of risk to endangered wildlife

Toronto Star, February 29, 2016

By:

John Hirsch, a board member of the Prince Edward Point Bird Observatory, filed an appeal of the Environment Ministry’s White Pines wind turbine approval. The appeal was upheld.
John Hirsch: appellant with Alliance to Protect Prince Edward County against WPD wind project
Blessed are the small and humble, for they, it seems, shall halt wind turbines.

In the latest instalment of the epic machine vs. nature struggle being played out in Prince Edward County, environmental activists have scored another victory against construction of wind turbines they say will do serious and irreversible harm to already endangered species.  This time, in a ruling released Feb. 26, an Environmental Review Tribunal upheld an appeal against a turbine development it concluded posed serious risk to the Little Brown Bat and the Blanding’s Turtle.

Last July 16, the Ontario Environment Ministry issued an approval to White Pines Wind Inc. to install and operate a facility of 27 turbines on the pristine south shore of what locals call the County. As it happens, a man named John Hirsch was scouting property in the County at the time for he and his wife to move to after wrapping up a career in customs consulting.

Hirsch had already become a board member of the Prince Edward Point Bird Observatory, one of the most important bird-banding stations in Canada. He suspected — even before eventually buying property in another part of the County — that the White Pines proposal would profoundly alter the south shore. He was also, owing to his career in customs administration, quite familiar with tribunals.

By July 29, Hirsch had filed an appeal — “it’s not all that complicated” — of the Environment Ministry’s White Pines approval, getting in a day ahead of the Alliance to Protect Prince Edward Country.

“It turns out a case gets named after whoever gets in first,” he told the Star on Monday. “That’s why the case is named Hirsch v Ontario.”

“We didn’t think we were going to win”

While Hirsch, 66, might have got top billing, the alliance “came to the rescue,” he said, with funding, legal representation and recruitment of expert witnesses. During November and December, Hirsch, who now works part-time at Home Depot in Belleville, sat through 21 days of hearings, after which he wasn’t terribly confident of the outcome.

“Were we expecting this? No!” he said. “We didn’t think we were going to win. We didn’t get the birds. But we got the bats!”

The tribunal dismissed appeals on the grounds of human health risks. It also rejected appeals on the threat to birds, although it did call the project site “poorly chosen from a migratory bird perspective.”

The panel upheld the appeal because of the risk of serious and irreversible harm to the Little Brown Bat and Blanding’s Turtle.  …

Read the full story here.

ToughonNature

 

Counties, town join forces to fight wind farm

Negative economic impact, danger to aviation safety from wind ‘farm’ planned near airport cited as reasons for appeal of wind power project

CTV News February 25, 2016

http://barrie.ctvnews.ca/video?clipId=816331

http://barrie.ctvnews.ca/simcoe-county-joins-clearview-and-collingwood-to-appeal-wind-farm-decision-1.2792631

 

 

 

Collingwood fears for aviation safety, to appeal wind farm

A plane hitting a turbine or being blown off course would meet [the test] for serious harm to human health, says lawyer

Simcoe.com February 18, 2016

Collingwood Regional Airport

Collingwood Regional Airport: an appeal will cost more than $100,000

The Town of Collingwood will be appealing the province’s decision to approve a wind farm south of Stayner near the Collingwood Regional Airport.

In a unanimous decision on Thursday evening, council instructed its legal counsel to draft and file a notice of appeal of the decision to the Environmental Review Tribunal. Last week, the province approved WPD Canada’s plan to construct and operate eight turbines west of Stayner.

Council received a presentation from its lawyer, Richard Butler of Willms & Shier. He said of the 199 renewable energy projects in Ontario, only two have been rejected. He said 120 have been appealed and only two have been overturned.

“The vast majority of appeals are either abandoned or unsuccessful,” he said.

The Environmental Review Tribunal is an arm’s length body that has the authority to confirm, amend or revoke a decision. He said appeals must be based on two criteria: the decision will cause serious harm to human health, or cause serious and irreversible harm to plant life, animal life or the natural environment.

“I think applications and approvals really speak to the uphill battle that opponents of wind projects face,” he said.

Butler said Collingwood would likely be appealing on the basis the turbines would cause harm to human health.

“A plane hitting or blown off course would meet serious harm to human health,” he said.

Butler said the municipality would likely need a risk assessment completed, which would determine the likelihood of a plane hitting a turbine. He said this could be done within a matter of weeks.

The town would need to prove “more likely or not, during the lifetime of the turbines, there would be a collision.”

Read the full story here.

Amherst Island raises funds to protect environment

Citizens engaged in an appeal of the approval of a huge wind power project that will threaten wildlife and change a heritage landscape

Owls, Blandings turtle, and migratory birds all at risk from Amherst Island power project
Owls, Blandings turtle, and migratory birds all at risk from Amherst Island power project

February 17, 2016

The Association to Protect Amherst Island has formally launched a fund-raising campaign to assist with its legal actions against the huge Windlectric wind power project. An appeal is underway, with more hearings scheduled before the Environmental Review Tribunal in coming weeks, and a Judicial Review has been filed, based on details of the approval of the power project despite clear inaccuracies and inadequacies in the application.

More details:

The MOECC approved Windlectric’s Renewable Energy Application on August 24, 2015. Minister of Natural Resources and Forestry, Bill Mauro, approved an Overall Benefit Permit on the same day to allow Windlectric destroy the habitat of grassland birds on the Island.


Turbines are planned beside the world famous Owl Woods. Located on the Atlantic Migratory Flyway, the Island is a refuge for 11 species of Owls, wintering raptors, and grassland birds. 34 Species at Risk will be impacted.


The Ontario government claims to be a leader in environmental action but approval of a huge wind power project on Amherst Island will harm, not help the environment, say community leaders. “Approval of this turbine project indicates the hypocrisy of the government’s wind power program,” says Michele Le Lay, spokesperson for Association to Protect Amherst Island. “Constructing and operating wind turbines here will do great harm to the natural environment.”

 

After just one day, the group had raised over $2,600 toward its goal of $200,000.

Go to the fund-raising website here.

Planned devastation of Amherst Island, wildlife and Ontario economy
Planned devastation of Amherst Island, wildlife and Ontario economy

Another green energy Wynne-McGuinty blow-up: Financial Post

Gas plant scandals, soaring power rates, declining electricity output, massive subsidies to money-losing wind and solar, non-stop bafflegab from government ministers: when will it stop?

Outgoing Ontario Premier Dalton McGuinty (right) and incoming premier Kathleen Wynne pose for media after a meeting at the Queen's Park in Toronto on Monday, January 28, 2013.

Happier times: Premier Wynne and former Premier Dalton McGuinty in 2013. Driving the bus … over a cliff for taxpayers.

The Financial Post, February 13, 2016

Debris from the exploding Ontario Liberal green energy rocket continues to land on the hapless citizens of the province. Gas plant scandals, soaring power rates, declining electricity output, massive subsidies to money-losing wind and solar, non-stop bafflegab from government ministers: when will it stop?

Not now, and maybe never.

Details of the latest meteorite-sized chunk of the Dalton McGuinty/Kathleen Wynne green power blow-up are on display at the blog of energy consultant Tom Adams, who formerly served on the Ontario Independent Electricity Market Operator board of directors and the Ontario Centre for Excellence for Energy board of management

Adams picks up a story that made brief headlines in late 2012 when Windstream Energy, a U.S. company, filed a NAFTA complaint claiming $475 million in damages. The company says it had a contract with the government-controlled Ontario Power Authority at 19 cents a kilowatt/hour to build an offshore wind farm near Wolf Island in Lake Ontario near Kingston.

Read the full story here.