Are wind power operators profiling people who complain?

March 15, 2021

Are wind power operators profiling people who call them to complain about noise or other effects from wind turbine operations?

In response to a request under the Freedom of Information and Privacy Act, Wind Concerns Ontario received what appears to be internal documents used by Suncor in 2016, related to the company’s Adelaide wind power project.

On the forms is the guide to staff to “indicate if the individual is a member of a larger stakeholder group”.

Wind Concerns Ontario is a community group coalition with dozens of community groups throughout the province, most of which actively criticized the imposition of grid-scale wind power facilities on their communities. Many also launched legal appeals before various tribunals and in court.

Was this question meant to intimidate people exercising their rights to complain under the government compliance process?

We sent an email to Suncor, in specific Jason Weir, the staff member who is named on the reports we received, but have had no response. Mr Weir has been listed as Site Supervisor and “Owners’ Representative” in the past, according to a search on his name.

Again these were internal forms for use by staff to guide information gathering. Other questions include asking about details of the complaint, wind direction, etc.

WIND CONCERNS ONTARIO

contact@windconcernsontario.ca

Toronto had no business making decisions for small community: editorial

Huge wind turbines are near completion in North Stormont, in Eastern Ontario. Now, a community has to find a way to heal, if it can, after a scattering of property owners consented to industrialization of the rural area that will affect everyone.

The Nation Rise wind power project was approved in the last days of the Wynne government against community wishes. Now, the people have to live with 29 huge, inefficient, noisy wind turbines.

March 4, 2021

An editorial in the Eastern Ontario edition of Farmers Forum says “Toronto” should never have imposed the 100-megawatt Nation Rise wind power facility on the communities of North Stormont.

In his editorial titled “How wind turbines scarred a landscape and a community,” editor Patrick Meagher notes that the township conducted a survey of residents and found most didn’t want the wind turbine development, and then unanimously voted to declare North Stormont an “Unwilling Host”.

“But things didn’t go that way,” Meagher writes.

Weeks before the provincial election in 2018, the Liberal government “greenlighted the project. This was in spite of a longstanding agreement not to approve major projects when another government could take over. Wynne got a two-for-one deal, sticking it to the next government and the locals at Crysler, Berwick and Finch.” (The riding went Conservative.)

The wind power project caused strong feelings, Meagher says. “The project was so acrimonious that in this small community friendships broke up, family members stopped talking to each other, and more than 10 property owners sold their houses and moved away.”

Now the community is “stuck” with 29 huge turbines that are “large, inefficient, taxpayer-subsidized generators of intermittent power…not even a good business decision.”

“This ugly event is testimony to why governments should listen to the people they work for…Toronto should never have decided what should happen in this small farming community 400 kilometres away.”

The editorial also quoted former mayor Dennis Fife who said the community now has to try to move on.

Reposted from Ottawa Wind Concerns

contact@windconcernsontario.ca

Time to replace outdated government report on wind turbine noise and health, says Wind Concerns Ontario

The 2010 report by the Chief Medical Officer of Health for Ontario is old, irrelevant, and just plain wrong—time to say goodbye

Thousands of reports of excessive wind turbine noise have been collected in Ontario, many with adverse health impacts, but government still relies on an outdated,inadequate policy statement [Shutterstock image]
February 4, 2021

In 2010, after media reports of citizen complaints about excessive noise from Ontario’s fleet of wind turbines, and to support the government’s push for more wind power, the Chief Medical Officer of Health (CMOH) for the province issued a brief document, The Potential Health Impact of Wind Turbines.

The conclusion of that report, and many other government communications, was that there is no relationship between wind turbine noise and direct health effects. The Ontario government, then under pro-wind Premier Dalton McGuinty, pledged it would protect Ontario citizens by keeping up with research on wind turbine noise and health around the world, provide new updates, and make changes to regulations as needed.

That never happened.

A new review was carried out and a new update prepared for publication in 2014, but it never saw the light of day.

Direct vs. indirect

Today we know that research shows that an indirect relationship exists between wind turbine noise and stress or distress that can result in serious health impacts such as cardiovascular problems. Ontario’s Environmental Review Tribunal noted in 2011 that it was concerned about the lack of consideration of indirect health effects. And other documents such as a 2015 review by the Council of Canadian Academies highlighted the inadequacy of current noise assessment protocols as are used in Ontario, and the lack of studies that uses actual measurement of wind turbine noise at people’s homes, instead of computer-generated models.

The Ontario government took no notice.

The truth is, the original 2010 CMOH report was limited as a research effort: it was based on a review of selected research papers, discussion covered just seven pages, and the report was never subjected to an independent peer review.

Nevertheless, in 2021, that 2010 Ontario document is still promoted to communities and public health officials as the definitive statement in answer to the question, Does wind turbine noise cause adverse health effects? It is even cited by international authorities as Ontario government policy.

Why we need to act now

The landscape has changed dramatically for wind power. There are far more wind turbines operating across Ontario than in 2010, and the size and power rating of turbines has increased. Despite the Ontario experience with higher electricity bills, environmental noise and community opposition, the current federal government is hinting that it wants more renewable energy across Canada.

With thousands of noise complaints from Ontario wind turbines on record, and with international research spurring other jurisdictions to revise regulation and setbacks, it is clearly past time for Ontario to “retire” the 2010 CMOH report and remove it from the public domain. Public health officials should be informed it cannot be relied upon, and a review of more recent literature should be conducted in order to revise regulations that will be protective of health.

Obviously, COVID-19 is what everyone is focusing on right now, but the health impact of the environmental noise pollution caused by grid-scale wind turbines is an important concern, too.

It deserves government attention.

Now.

Read the Wind Concerns Ontario report here: Why the 2010 CMOH report must change

Read the unpublished 2014 report here: Evidence Update-2014

contact@windconcernsontario.ca

Ontario Green Energy Act showed bias toward wind power developers: new research paper

[Shutterstock image]

From failed appeals before a powerless quasi-judicial tribunal, to unanswered letters to government and a rigged consultation process, authors of a new paper demonstrate that legally, the fix was in via Ontario’s biased Green Energy Act. What will government do now?

January 9, 2021

A new paper has been published by several Ontario authors that paints a grim picture of the province’s Green Energy and Green Economy Act, passed in 2009 by the McGuinty government in order to quash any opposition for its renewable energy plans.

“Access to Justice: Recommended Reforms to the Ontario Justice System Using the Green Energy Act as an Example” was researched and written by three residents of Prince Edward County, where multiple wind power projects were proposed, and where the community spent more than a million dollars to protect the environment from industrialization by grid-scale wind power projects.

After the act was passed, wind power projects in Ontario were “rapidly approved by the government across rural areas” say the authors, despite the many environmental and health concerns raised. Legal appeals were filed, with few successes. Following the commencement of the projects’  power generation operations, thousands of complaints were reported to the Ontario government related to noise, adverse health effects, shadow flicker or strobe effect, killing of wildlife, and disturbance of people’s water supply. The authors refer here to Wind Concerns Ontario’s own reports on citizen complaints.

Following a complex review of the process and the aftermath, authors Alan Whiteley*, Anne Dumbrille and John Hirsch conclude that  there was “legislative bias in policy and consultation that reduced the ability of the public to object to the policy” and “administrative bias, where decisions are perceived to favour industry over citizens.”

The authors make a series of recommendations in the interest of preventing such damaging policy and legislation from occurring again, but also note that the various governments post-Green Energy Act failed to respond to written expressions of concern.

“Are letters from citizens received by senior officials?” they ask. “Are they read and seriously considered?” Worse, are senior officials actively “discouraged from responding to letters on controversial topics?”

(Our experience many times over is that when responses are received at all, they often come from staff writers on the correspondence unit, employing boilerplate answers to questions.)

Although the goal of the Green Energy Act may have been to reduce greenhouse gas emissions and improve the environment, the authors say, the result was a reduction in access to justice and limited citizen rights.

What can be done to change that?

Read the paper here: (3) (PDF) Access to Justice: Recommended Reforms to the Ontario Justice System Using the Green Energy Act as an Example (researchgate.net)

 

 

*lawyer Alan Whiteley died in September 2020.

NOISE: Research leads the way to change in regulation of wind turbine noise emissions

Wind turbine problems: The people were not wrong (Shutterstock image)

December 31, 2020

A number of papers were published in 2020 that help to move knowledge about the environmental impact of wind turbine noise emissions forward, and point to the need for regulatory review and change in Ontario, and enforcement of all regulations. While staff at the Ministry of Environment, Conservation and Parks insist they keep up and move with current research, the conclusions reached in the new work show that clearly isn’t true.

As well, important work is being done by independent researchers—people who know there is a serious problem with wind turbine noise emissions, and who are doing what they can to learn why … and what should be done.

Resident complaints proven by data

Early in the year, independent researcher William Palmer P. Eng published “Confirming Tonality at Residences Influenced by Wind Turbines” in the Journal of Energy Conservation. The article is based on the author’s research into resident complaints about a tonal quality to the noise perceived from the turbines in a 140-turbine Ontario wind power facility. The research is based on more than 200 data samples from two families. Here’s the thing: Palmer’s data confirmed a correlation between tonality measurements of 5 dB to more than 20 dB in more than 84 percent of the time. In other words, the resident complaints about a tonal quality to the noise were borne out by actual measurement.

That correlation, Palmer wrote, “gives a high degree of confidence that when residents identified the existence of tonality (which they had done since the turbines came into operation in 2015) was indeed an accurate description.” Add to that, the residents were able to identify times when the wind turbine noise emissions were NOT tonal–that was borne out by the measurements, too.

Palmer discussed a number of problems with the current compliance protocol and noise measurement procedures prescribed by Ontario regulations, including the use of A-weighted noise levels, which has been criticized in other work including reports by the World Health Organization and the Council of Canadian Academies. In Ontario, Palmer says, “the principal criteria for acceptability of the sound received by residents from wind turbines has been based on A-weighted noise level, with tonal presence only requires a small adjustment.” However, Palmer adds, he can find no examples of it being applied.

Another specific flaw, he notes, is that the compliance protocol for wind turbine noise is to monitor conditions for winds within about 45 degrees of the turbine which has the greatest predicted noise impact. In the case of the homes used in his research, that meant that for one house there was presumed to be “little or noise noise impact” when the wind was westerly or no impact when the wind was from the east. In fact, occasions when winds were from those directions actually accounted for 74 of 111 records of irritating or disturbing noise—about 67 percent of the time.

The people were not wrong

Another article, also by independent researchers, elaborated on this theme of citizen concerns about problems with wind turbines. (See also a 2019 paper, Wind Turbine Incident/Complaint Reports in Ontario, Canada.) In this case, the authors of Deja Vu: a review of lived experiences after Appeals of Ontario Industrial-scale wind Power Facilities, looked at the appeal process for wind power facility approvals and what grounds had been used for citizens to file appeals of those approvals, despite what lawyers call an “uphill battle” to undertake that process. The authors found that the grounds for appeal were: environmental noise, adverse health effects, and other environmental effects such as disturbances to water wells and aquifers.

In the early days of these appeals, the appellants relied on the testimony of “post-turbine witnesses,” people who had experience living within wind power facilities, and who were experiencing health problems. One chair of the Environmental Review Tribunal decided that although the Tribunal “does not question the sincerity” of these witnesses, the quasi-judicial panel concluded that the health problems were self-diagnosed and the lack of evidence from medical professionals was a serious shortcoming.

Today, there are enough complaints throughout Ontario about wind turbine noise emissions that the reports should be seen as significant, the authors said. They cited other authors who called for “diligent enforcement” of regulations by government, and legal authors who observed that wind turbine concerns had been “trivialised” while the concerns for the environment and health were in fact “genuine.”

“The Government of Ontario holds thousands of records of citizen complaints in the form of Incident Reports, many of which are reports of excessive noise and vibration; a significant number includes accounts of the occurrence of adverse health effects,” the authors wrote. Complaints continue to be filed; “there is evidence to suggest that current regulations [in Ontario] are not adequate to protect health.”

“It appears that the people who were concerned about the risks to the environment and human health were not wrong. Those concerns—which led them to spend substantial amounts of money while participating in an unfamiliar, stressful quasi-judicial process—are now the reason for a significant number of complaints to government.”

In other words, what the people feared might happen with the advent of the wind turbines, has now actually come to pass.

Fight and flight

The last paper of interest is one that was based on research again carried out by a group of independent researchers over a period of years, on what people were going to do about being forced to live inside wind power projects. Exploring Why Some Families Living in Proximity to Wind Turbine Facilities Contemplate Vacating Their Homes is a report on a community-based study involving 67 participants, who together had filed more than 4,500 formal complaints related to wind turbine noise with government.

Excerpts from interviews with the participants told the story. People had learned that the only thing they could do to relieve the discomfort and problems of the wind turbine noise was to leave.

“When I left my home in the morning, or quite often in the middle of the night and then slept on my vehicle away from the turbines, I would recover from all these symptoms,” said one.

“We left home many times for the day just because of the noise here…we couldn’t stand it,” said another.

Of the 67 study participants, 28 had already abandoned their homes, another 31 were thinking about doing that, and four had decided to stay. The reasons were, the authors concluded, “to obtain temporary and/or partial relief from the occurrence of adverse health effects.”

The authors noted that in some cases, pre-existing health conditions were made worse by living near wind turbines; they called for more study to be done immediately.

 

At the end of the day…

The people of Ontario were promised a process that included regulation of noise, a protocol to assess compliance, and enforcement of the regulations.

Clearly, after more than 10 years, this promise, made under previous governments, has not been fulfilled. There are serious technical issues with the protocols in place and with the assumptions that underlie the regulatory process.

The Ontario government must:

  • establish an independent research panel to review current research on wind turbine noise emissions in six months, or less
  • remove the outdated and inadequate 2010 report of the Chief Medical Officer of Health from the public record
  • enforce existing regulations
  • resolve current complaints from citizens
  • revise and update the compliance protocol
  • develop new noise regulations, and
  • ENFORCE those regulations

 

We look forward to more research in 2021 to move us forward to change.

WIND CONCERNS ONTARIO

 

Can renewables save the economy? History says, No

October 13, 2020

Canada’s federal government–deep in debt from policy decisions and now the COVID-19 pandemic–has pointed toward a focus on renewable energy as a way to “build back better” and strengthen the economy.

But will it work?

Wind Concerns Ontario took a look at what government incentives did in Ontario, when the McGuinty government had the same goal in 2009. Their aim was to make up for the devastating losses in the auto industry by fostering a new one: Ontario would become a world leader in green energy and benefit from a chain of economic endeavors from manufacturing wind and solar power components to generating “clean” “green” power.

The vision was to help “fledgling” companies grow and thrive.

What happened?

Not that.

Research on the companies that actually participated in the early days of wind power development in Ontario shows they were hardly “fledglings”. Names like Samsung, Enbridge, Suncor, SunEdison and more indicate, as the Wind Concerns Ontario report shows, companies from around the world flocked to Ontario to take advantage of lucrative, above-market contract rates. And then, many of them left. Today, much of the province’s wind power capacity is held by pension and investment funds who bought into the high yields from the rich contracts.

Jobs? No.

Manufacturing? No.

Prosperity for all? No. Ontario now has a new catch phrase: “energy poverty” as it watched manufacturing businesses hit the road for locations with more advantageous electricity rates.

Read the Wind Concerns Ontario report here Wind Power Development and Ownership Ontario-October-2020

 

 

Everybody knows what’s causing Ontario’s high electricity costs

In today’s edition of The Niagara Independent is an article by Catherine Swift, head of Working Canadians and former Chief Economist with the Canadian Federation of Independent Business.

She advises the Ford government to take the steps that are needed to get Ontario’s high electricity bills down—an action that was part of the government’s campaign promise in 2018.

“Most Ontarians also know that the reason for our outrageously high hydro costs is the ill-conceived Green Energy Act (GEA) of the previous Liberal government, which involved signing long-term contracts with solar and wind energy providers,” Swift writes. Those contracts were designed  “guaranteeing them rates far in excess of any sensible market rates for electricity, while doing little if anything for the environment that would justify the massive added costs.”

Further, Swift says, “Despite strong rhetoric decrying the price of hydro power in Ontario and the negative impact it is having on businesses, households and the economy overall, the Ford government has in some cases merely perpetuated bad Liberal policy and has not attacked the underlying cause of high hydro rates – the ridiculous contracts awarded by the Liberals to generators of “green” energy at absurdly high cost.

“These contracts typically had terms of 20 years, and some as long as 40 years.  The Ontario government has cancelled some of these contracts, at some cost to taxpayers but likely more benefit in terms of eventual savings.  But the vast majority of the contracts remain in force and will keep hydro costs high well into the future.  The bottom line is that the Liberals made a fine mess of the electricity market in Ontario, including all kinds of inequities in terms of the costs imposed on different groups of ratepayers, and foolishly committed Ontarians to contracts of much longer duration than any government should be permitted to do.  Much of the Ontario economy has suffered mightily as a result, especially the job-creating small business sector.  As the Ford government is finding, these policies are very difficult to reverse.  And if this wasn’t bad enough news, many of the architects of this failed Green Energy Act are now advising the federal government, and advocating for similar policies on a national level.

“Woe Canada.”

It is true that the contracts negotiated by the McGuinty and Wynne governments will be difficult to unwind, and doubtless the Ford government’s lawyers are reluctant to get involved in more legal action (e.g., Nation Rise, which was handled badly), but it is possible. Queen’s University professor of law and economics Bruce Pardy wrote in a paper in 2014 that “However, government contracts are not the ironclad agreements they appear to be because governments may change or cancel them by enacting legislation.”

Whatever means is used, Ontario’s citizens do not deserve to continue paying high rates for intermittent, unreliable wind power via contracts negotiated by former, ideology-driven governments which never bothered, despite advice from the Auditor-General, to do a cost-benefit analysis of its pro-wind power program.

Read Catherine Swift’s article here.

 

 

“Like a death”: new research explores why some wind turbine neighbours were forced to leave their homes

“It was basically like a death when we had to move from our home”

New research catalogues the reasons behind families in Ontario who decided to abandon their homes after wind turbines started up.

June 29, 2020

“I couldn’t sleep anymore”

“Nowhere to go, no hiding from it [the noise]”

“We had beautiful water–you couldn’t drink it afterwards [turbines began operation]”

“I asked my doctor [if my health problems could be” about [wind] turbines. She said, ‘Yes’.”

Those are just a few of the comments made by Ontario residents who participated in a special study done by a team of health care professionals, acoustics specialists and investigators. A new paper by Dr. Robert McMurtry, Carmen Krogh, acoustics specialists Robert Rand, Jerry Punch, Stephen Ambrose and others*, reviews the reasons behind the desperate choice made by dozens of Ontario families to leave their homes, to preserve their health–both mental and physical.

The new paper, published last week, is based on a study carried out over three years involving 67 Ontario residents and additional family members for a total of 165 people. They all lived within 10 km of industrial-scale wind turbines or wind power generators.

More than half reported adverse health effects after being exposed to noise emissions and vibration from operating wind turbines; stray voltage and disturbed water wells were also cited as key factors in decisions to leave the houses. The people participating in the study had lived in their houses for a mean period of 20 years, or a range of three to 66 years.

The aim of the paper is to present policy-makers with information on the “potential outcomes of placing wind turbines near family homes,” the authors state in their conclusion.

“The comments made by the people in this study are just heart-breaking,” said Wind Concerns Ontario president Jane Wilson. “We’ve seen them over and over in the Incident Reports we received from Freedom of Information requests, together with statements from people indicating they can’t put up with the turbines and the adverse effects anymore. It is well past time the government enforced the rules, changed the rules, and developed rules that truly protect the people of Ontario.

“Bravo to this study team, and all the work they’ve done to expose the terrible things that have happened to innocent citizens.”

Read the full paper here: https://m.scirp.org/papers/101098?fbclid=IwAR3XcUKEebiBR-sLAyIEbNpGHnP3-EQU3_hwtOx4_ovfW6f-cI6JQj7Igfc

 

*Other authors include community group leaders such as Anne Dumbrille (CCSAGE), Linda Rogers (Mothers Against Wind Turbines) and Debra Hughes.

North Stormont community, Attorney General announce no further legal action on Nation Rise wind power project

June 19, 2020

The Concerned Citizens of North Stormont announced today that it will not pursue further legal action regarding the Nation Rise wind power project; Ontario’s Attorney General has determined that it will not appeal a court decision made a few weeks ago.

The community group negotiated several conditions with the power developer, including a fund to help people who perceive noise or other effects, a bat mitigation strategy that is planned to prevent bat deaths, and funding for wildlife research to be done by an Eastern Ontario research institute. As well, the community group’s considerable legal fees will be paid by the power developer.

The news release is as follows:

Resolution Reached between community and Nation Rise wind power project

June 19, 2020 – North Stormont

An agreement has been reached between community group Concerned Citizens of North Stormont (CCNS) and the developer of the Nation Rise Wind Project. CCNS appealed the project approval before the Ontario Environmental Review Tribunal over concerns about the environment and wildlife; that appeal was dismissed. The Minister of the Environment subsequently revoked the Renewable Energy Approval on direct appeal from the community group but that action was recently reversed by the Ontario Divisional Court.

The Ministry of the Attorney General has now indicated the Minister will not be seeking leave to appeal the Court decision.

The negotiated agreement recognizes and respects that the project as proposed will have the most stringent bat mitigation of any wind power project in Ontario.

The agreement includes the creation of a community-based home improvement fund which will allow local residents to apply for up to $5,000 from a $150,000 fund, established primarily for noise and visual mitigation for homeowners who perceive impacts.

The agreement also provides for $50,000 to the St. Lawrence River Institute, based in Cornwall, Ontario, to fund independent bat-related research.

The agreement further provides for payment of fees and disbursements incurred by CCNS.

For additional information, please contact counsel for CCNS Eric Gillespie at 416-436-7473 (telephone/text) or by email egillespie@gillespielaw.