U.S. judge orders turbine off 12 hours a day: “irreparable harm”

Judge Orders Falmouth to Run Wind Turbines on 12-Hour Schedule

By: Christopher Kazarian, November 22, 2013 Cape News

Two of Falmouth's wind turbines, one at the Falmouth Wastewater Treatment Facility (left) and the other at the Falmouth Technology Park, as viewed from the Chapoquoit Beach parking lot.

GENE M. MARCHAND/ENTERPRISE – Two of Falmouth’s wind turbines, one at the Falmouth Wastewater Treatment Facility (left) and the other at the Falmouth Technology Park, as viewed from the Chapoquoit Beach parking lot.

Barnstable Superior Court Judge Christopher J. Muse has ordered the town to operate its wind turbines at the Wastewater Treatment Facility for 12 hours per day except on Sundays starting today.

The preliminary injunction was filed late last night and requires the town to turn off the machines from 7 PM to 7 AM daily. Additionally, Judge Muse’s decision calls on the turbines to be turned off on Thanksgiving, Christmas and New Year’s Day.

The move follows what was a supposed agreement reached two weeks ago in Barnstable Superior Court between Falmouth’s attorneys and lawyers representing neighbors living near the turbines. That agreement—to reduce the operating hours of the turbines from 16 hours per day to 12 hours per day as a temporary move toward a more comprehensive settlement—was tied to the town’s appeal of the Falmouth Zoning Board of Appeals decision in May upholding Neil P. and Elizabeth Andersen’s claim that the wind turbines constitute a nuisance. The Andersens live near the turbines on Blacksmith Shop Road and have been outspoken in their criticism of the machines and impacts they have had on their lives shortly after the first, Wind 1, became operational in March 2010.

Since that time selectmen have refused to return to the 12-hour operating schedule, something that the board’s chairman Brent V.W. Putnam announced at Town Meeting last Wednesday.

 

This morning Town Counsel Frank K. Duffy Jr. said he was unsure why the board could not come to an agreement on the matter. “In the end we wound up exactly where we would have been, turning them on from 7 AM to 7 PM,” he said.

In his ruling Judge Muse wrote that the “town’s actions, (or inactions), require this court to employ its direction in ruling upon the Andersens’ motion…”

He later noted that the Andersens “have a substantial likelihood of success on the merits of their position that the ZBA’s decision that both turbines created a nuisance” and that if the court did not file a preliminary injunction “the Andersens will suffer irreparable physical and psychological harm.”

Judge Muse said that while the town may suffer financial penalties for the reduced energy production of its turbines, the Andersens would benefit from his proposed operational model, noting that “they will experience sufficient periods of time to sleep and relax in their home, with a commensurate increase in the use and enjoyment of their impacted property.”

Mr. Duffy said the town has the right to appeal Judge Muse’s injunction within 30 days. He said he believed that Town Manager Julian M. Suso would be asking selectmen to hold an executive session to discuss that matter further.

If the board does not vote to file an appeal, he said, Falmouth would have to wait until Judge Muse either releases the preliminary injunction or the court case goes to trial. Mr. Duffy said this case is not scheduled to go to trial until December 2014 at the earliest. “For what it is worth we will continue talking to neighbors about reaching a solution,” he said.

SooToday commenter tells it like it is

Following an article in SooToday on the appeal of the Goulais Wind project is an assortment of comments. This one by correspondent “TRJ” is a nice summary of wind power on the industrial scale, doesn’t work.

Thanks to Gillan Richards of SOAR for sending this along.

trj 10/22/2013 7:25:16 PM Report

Where you guys getting your info? A little long but worth reading.

:Forget about the fact that some people can’t sleep because of them. Or that they cause property devaluations by up to 50%. Or that they’re a blight on the rural landscape.

Forget about the fact that they make life unlivable for many autistic children. Or that many countries in the world are in the process of abandoning them. Or that they only operate less than 30% of the time and often when they’re not needed. Forget about the fact that they create virtually no jobs. Or that they seriously affect tourism. Or that they kill birds, bats and other wildlife.

Forget about the fact that they’re causing the destruction of valuable land. Or that much of their profits go to U.S.-based corporations. Or that they cause tinnitus and other hearing disorders for many people. Forget about the fact that it will likely cost us hundreds of millions of dollars to tear them down in two decades or whenever they need to be decommissioned. Or that they’re driving a wedge between rural neighbours. Or that many people suffer headaches, dizziness, vertigo, nausea and other health disorders because of them.

Forget about the fact that they’re so unreliable they require other traditional forms of energy production just to supplement the meager amount of power they produce. Forget all of it. Just remember this. Industrial wind turbines make absolutely zero economic sense. And, finally, the reality is starting to sink in across the province.

Don’t listen to me. Don’t listen to all the propaganda and rhetoric and hyperbole that get tossed around regularly by both sides of the wind energy debate. Listen to the Auditor General of Ontario whose damning 2011 report on Renewable Energy Initiatives, including industrial wind turbines, paints a bleak picture of Ontario’s energy future.The AG’s report also notes that, instead of sticking with a Renewable Energy Standard Offer Program that included competitive bidding, the Ontario government introduced the Feed-In-Tariff (FIT) program in 2009 that added about $4.4 billion in costs through extremely generous incentives to energy providers.

Because a large portion of wind energy is produced when we don’t need it (at night or in lower-use seasons), it has to be dumped or it’s lost forever. As the AG’s report notes, “Ontario deals with surplus-power situations mainly by exporting electricity to other jurisdictions at a price that is lower than the cost of generating that power.” That’s great news for the U.S. states that buy the cheap electricity from us, but not so much for the people here in Ontario who pay for it.

And for what? The Ontario Power Authority says both average and peak demand for electricity will drop between now and 2025 and that both our installed and effective capacity is already more than enough to meet that demand. However, we’ll still be paying handsomely. As the AG’s report notes, “Renewable energy generators who have contracts with the OPA will get paid even though Ontario does not need their electricity.” Those contracts last 20 years.

And that’s just the tip of the ice-encrusted, 40-ton, 180-foot turbine blade. From whatever economic perspective you look at them, industrial wind turbines are a financial disaster that we’ll be paying for long after they’ve stopped generating even a trickle of power.

At long last, the media in larger centres are starting to catch on. Rather than assuming it’s just some scattered grassroots complaints , people in urban areas are beginning to see the big picture, that we’re all headed down an economic sinkhole from which we’ll never recover. It’s about time they realized the truth in what people from rural areas have been saying for years. This delusional, wind-powered flimflam scam must end. The Ontario government got us into this mess. Now it’s time for them to get us out, whatever the cost, before it takes down the entire province.:

Get informed and ask anybody in Prince Township what they think about it. But wait there’s’ more. The Bow Lake project will be another huge disaster and there goes our pristine Heritage Coastline. You want this?