NY Windpower Education Project
WPEP Bulletin July 28, 2008
WIND EVENTS & ACTIONS
CENTRAL REGION
7/30: Public Forum And Presentation—Cape Vincent
BP Alternative Energy will announce the siting of 95 turbines for the 142.5 MW Cape Vincent Wind Farm at a public session to be held from 4 to 8 p.m. at the Cape Vincent Recreation Park, 602 S. James St. BP will show the proposed turbine layout, along with two possible routes for a transmission line from the project to a substation on Route 179 near Chaumont. BP will also explain the current status of ongoing studies, including a biological assessment for the endangered Indiana bat, archaeological tests, wetland boundary demarcation, and remaining sound and photographic simulations. The public will be able to ask questions regarding the project. Dereth B. Glance, program director for Citizens Campaign for the Environment, will give a 6 p.m. presentation on wind power.
SOUTHERN TIER REGION
7/29: Public Scoping Meetings—Westfield, Ripley
The Westfield and Ripley Town Boards will hold public scoping meetings for the Ripley-Westfield Wind Farm Project proposed by Babcock & Brown. Both sessions will be held on July 29, from 1 to 3 p.m. at the Westfield Academy and Central School auditorium, and from 7 to 9 p.m. at Meeder's Restaurant in Ripley. A copy of the Draft Scoping Document is available on the Town of Westfield website, at
www.townofwestfield.org. Written comments will be accepted through August 8.
8/11: Public Hearing—Ithaca
The Town Board will hold a public hearing on the town’s residential windmill law at 6:20 p.m. in the Town Hall, at 215 N. Tioga Street. The board has delayed voting on the windmill law, primarily because some residents have objected that it would allow too much turbine noise. As written, the ordinance would allow wind energy facilities to create up to 60 decibels of noise or increase the ambient level by 8 decibels, whichever is greater.
8/20: Town Board Meeting—Evans
At its 7 p.m. meeting, the Town Board will again take up a discussion of three wind energy laws that would regulate both commercial and noncommercial facilities. A vote may be held.
LOCAL DEVELOPMENTS
CAPITAL REGION
Fulton Holds Wind Hearing
For nearly 90 minutes, the Fulton Town Board fielded questions on wind energy at a recent public hearing. No wind farm proposals have been submitted in Fulton as yet, but Vermont-based Reunion Power erected a 197-foot wind testing tower in the town last month. The town had previously discussed forming a committee to draft a wind law, but held off due to public opposition. Recently, a questionnaire was sent to about 900 Fulton landowners seeking their views on wind farms; of 264 respondents, 121 indicated they favored a wind farm, while 143 either wanted more information, or opposed it.
CENTRAL REGION
Spafford Law Lacks Specifics, Residents Say
The town of Spafford held a public hearing this month on a proposed law to regulate residential-scale wind turbines. But several members of the public objected to the law as being too vague, pointing out that it contained no restrictions on height or power output, nor siting restrictions such as setbacks. Some residents worried that the law would open the door for commercial scale wind development in the town. There are four pending applications for the construction of residential turbines and as yet no regulations on the books to guide the Planning Board in how to deal with them.
Maple Ridge Turbines Slated For Repair
According to an operations manager for the Maple Ridge Wind Farm, shaft bearings for “a select few” wind turbines will be needed in the coming months, with repairs anticipated to be complete by winter. The maintenance is not routine, but a warranty situation.
Galloo Island Project Seeks Best Route For Transmission Line
The Upstate New York Power Corp. (UNYPC) made a presentation to Oswego County legislators this month outlining the specifics of the proposed Hounsfield Wind Farm on Galloo Island in Jefferson County, including plans for a 41-mile land-based power transmission line. The company hopes to gain the support of legislators from towns the transmission line is proposed to cross through. If the project is approved, approximately 10 miles of cable would be installed at the bottom of Lake Ontario, from Galloo Island to the town of Henderson in Jefferson County. The cable would then travel overland through Ellisburg, also in Jefferson County, and Sandy Creek and Albion, in Oswego County. An overhead line would connect the project to the New York State Electric and Gas 345 kV line in the town of Parish. Although the exact overland route has not yet been finalized, UNYPC has approached up to 200 landowners in the projected path of the line and received mixed reactions. The company is currently conducting a survey of the effected towns to determine the best route. Local legislators have urged that the transmission line have sufficient capacity to support additional projects in the area, so more lines will not be needed in the future. The 250 MW Hounsfield Wind Farm Project includes up to 90 turbines, which will meet the energy needs of approximately 100,000 households.
Cape Vincent Appeals Continue
The Wind Power Ethics Group is again appealing an adverse decision by a state court judge. The anti-wind group originally filed an Article 78 suit against the Cape Vincent Zoning Board of Appeals in March, 2007, claiming the ZBA incorrectly classified industrial wind turbines as utilities. A state judge dismissed the petition in August. The group appealed that decision to the state Appellate Division, and also made a motion to include three documents that were not part of the lower court’s record. The motion was denied, and the group has now appealed this ruling as well.
Lyme Pro-Wind Group Files Article 78
Ten property owners in Lyme have brought an Article 78 proceeding against the Town Council, claiming it improperly rejected their petition protesting the adoption of a local law that strictly regulates the siting of wind turbines. The group is asking the state Supreme Court to declare its petition valid, and to declare a local law adopted subsequent to the board’s rejection of the petition to be invalid. The petition claims that the town law in question places undue burdens on wind developers by requiring 4,500-foot setbacks. The State Supreme Court’s decision is due July 31, the same day the town’s moratorium on wind power development will expire.
Scipio Landowners Meet Developer; Town Considers Forming WAG
The Shell WindEnergy group met with a group of Scipio landowners to discuss issues on which the two parties disagreed, including setbacks and the placement of towers and access roads. Town Supervisor Keith Batman said the company seemed more willing to discuss the landowner’s concerns than it had previously, and added that there is now sufficient information for the town to move ahead and consider forming an advisory group.
Clayton Residents Worried About Groundwater
Some residents of Clayton are concerned about possible impacts to their aquifer from the construction of 62 turbines at Iberdrola’s Horse Creek Wind Farm. The issue was addressed by the DEC during the SEQR process. “Because water enters the carbonate rocks rapidly through sinkholes and other large openings, any contaminants in the water can rapidly enter and spread through the aquifers,” said the DEC. In addition to recommending a detailed underground investigation at turbine locations and a construction plan including contamination controls, DEC will require a stormwater pollution prevention plan. Iberdrola has temporarily suspended work on the application.
KidWind Project Visits Fenner
The KidWind Project of St. Paul, Minnesota, an organization that trains teachers to educate about wind energy, camped out at Morrisville State College in July for a weeklong series of workshops with teachers from across the state. More than 20 educators visited Fenner’s 20-turbine wind farm to get a close-up look at the 150-foot-high towers and to hear from wind opponents and proponents. KidWind Director Michael Arquin called Fenner’s community wind farm a pioneer that “laid the groundwork” for the industry. In the last four years, KidWind has trained more than 2,000 teachers in 25 states about wind energy, including 600 to 800 in New York. The workshop in Madison County was funded in part by NYSERDA.
FINGER LAKES REGION
Somerset Breaks Off Talks With Empire State
The Somerset Town Board decided to end talks with Tom Golisano’s company, Empire State Wind Energy, after ESWE rejected the town’s proposed community host agreement. Somerset is inviting proposals from other wind developers.
Lackawanna Approves Steel Winds Phase II
The Lackawanna Planning Board has approved Phase II of the Steel Winds project, which will add 13 turbines to the eight currently on site. A total of 26 turbines are planned. In addition, the developer, BQ Energy, has received approval from Hamburg officials to build another five turbines along the lake shore in Hamburg. With wind turbines in high demand and back ordered, construction might not begin until 2010.
Holland OKs Met Tower; Demonstration Turbine Planned
The Holland City Council has approved a temporary meteorological tower for Windmill Island Gardens. The tower would collect information for 12 to 18 months, after which the Board of Public Works would decide whether a wind farm would be effective at the site. The current proposal, to put three residential-sized, 1.5 kW turbines on the roof of the Civic Center, would require special permission from the city's Planning Commission. The turbines would be 7 feet in diameter and could supply up to half of a household's electrical needs. They would cost $11,000 each. In addition, a 45- to 110-foot-high wind turbine is planned for the northwest corner of the Civic Center parking lot. City officials say the project is intended to demonstrate to the public that “you could put one of these on your house." A kiosk will display in real time how much energy the turbines are producing.
Lake Erie Wind Potential Investigated
BQ Energy and AWS Truewind are interested in offshore wind development in New York’s Great Lakes. BQ energy is currently conducting an analysis of Lake Erie’s wind power, which will be completed by the year’s end. The study will determine how much wind is available, how reliable it is, the best placement for turbines, how the turbines would be connected to the electricity grid and what regulatory bodies would be involved.
Niagara Begins Talks With ESWE
Empire State Wind Energy and the City of Niagara Falls are having preliminary discussions on the subject of windmills in the city. The Town Council recently sent a letter to Empire indicating their desire and commitment to work with the company, and are now waiting for Empire CEO Keith Pitman and Niagara Falls Mayor Paul Dyster to negotiate a deal. But Dyster is remaining neutral for the present. He said the city should establish a local ordinance to regulate how it deals with developers and also, when it’s ready, issue a public request for proposals to open the competition up to all potential wind companies.
Charlotte Gets Zoning
Following months of planning, hearings, and modifications, Charlotte’s first zoning ordinance has been adopted by the Town Board. The law includes sections regulating wind turbines, including setbacks, which had been a point of contention. First Wind is looking to build a wind farm in the town.
HUDSON VALLEY REGION
Gallatin ZBA Grants Variance
A Gallatin resident has been granted an area variance to erect a 135-foot-tall wind turbine at his sheep and goat farm. The ZBA, working with an engineering consultant, found that the device would qualify for NYSERDA funding, would produce no undesirable change in the character of the neighbor and would not have an adverse impact on physical or environmental conditions.
Greenwood Lake Eyes Small Wind Farm
Manhattan-based Environmental Technologies, which recently won approval to install a 111-foot turbine at Sullivan County Community College, is now looking to build a small wind farm near Lions Field and the Department of Public Works building in Greenwood Lake. If preliminary meteorological studies prove successful, the company will install a test turbine later this year. At this point plans are vague; unsettled issues include the number of turbines, who would pay for them and what kind of financial partnership the company and village would strike. According to Don Perry, a member of the Greenwood Lake Commission and a green energy consultant, the village might set up a village power authority to sell electricity to the grid. Ultimately, the turbines could power most of the village. However, initial plans calls for a single 1.5 MW turbine that would power the village’s municipal buildings.
LAKE CHAMPLAIN REGION
Malone To Close Roads To Trucks
The Town of Malone plans to close four roads to most truck traffic, claiming the pavement can’t take the daily punishment, and people are in danger. Residents have complained about high traffic volume and the speed of large trucks using town roads to connect with state highways. The problem arose after dump trucks began using the roads for frequent trips from local gravel pits to Noble Environmental Power’s wind farms in Clinton County, just over the Franklin County line. The highways to be closed to truck traffic are Porter Road, Goodman Road, Thomas Hill Road and River Road.
Beekmantown: Back To The Drawing Board
Following a 28-month-long debate, the Beekmantown Town Board finally had what they thought was a good wind ordinance, which would have allowed single turbines for private use. But the Clinton County Planning Board disapproved, saying the law had “a confusing method of administration” and recommending that the town consolidate its zoning and land-use regulations in a single ordinance to eliminate internal contradictions. Beekmantown will have to revise its ordinance to meet the county’s objections, and will renew its moratorium on wind development while doing so. The County Planning Board did approve an amendment to the town’s zoning law removing wind turbines from the category of essential, public utilities that could go in any zoned area.
SOUTHERN TIER REGION
Portland Ponders Wind Law
The Portland Planning Board has presented the Town Board with a draft wind energy conversion system law, along with a recommendation that the town adopt a three- to six-month moratorium on wind towers to allow time for the law to be adopted. The Planning Board also recommended the town opt out of the tax exempt status wind energy developers are eligible to receive.
Richmondville Extends Met Tower Permit
The Richmondville Zoning Board of Appeals has extended the permit for Reunion Power’s meteorological tower on Warnerville Hill, allowing the company to continue collecting data until May 1, 2009. The extension disappointed anti-wind group Schoharie Valley Watch, which had argued that the permit did not comply with the zoning law. The group has said it may file suit against the town.
Howard Town Board Gets Wind Update
The Howard Town Board has received a report from the town Planning Board on a proposed wind farm. The planning board has been dealing with various aspects of the project, including the draft SEQR findings statement, a decommissioning and restoration plan, and a road use agreement, which will be reviewed by the town highway superintendent. The Planning Board will also be submitting cultural mitigation suggestions to the Town Board.
Enfield Considers Revised Agreement
Enfield wind developer John Rancich has submitted a revised developer’s agreement to the town, in a continuing attempt to gain the town’s promise not to block his project. Rancich has said he needs such a committment so he can contract to purchase wind turbines, which could cost up to $10 million. However, the Town Board continues to delay a vote on the project, as town attorney Guy Krogh seeks a stronger agreement. Krogh has expressed concern about approving any project prior to the town’s adoption of a wind ordinance; the Town Board is close to submitting a proposed ordinance, according to one Town Board member, and could adopt a law by the end of this year. But ratification may not come quickly enough for Rancich, whose plans could be derailed for years if an agreement with the town is not reached speedily.
Hanover Mulls Revised Wind Law
A public hearing was recently held on a proposed new local law that would regulate the construction of wind energy conversion systems in Hanover. The law, which would update a 2006 ordinance, was introduced in anticipation of the proposed 67-turbine, 100.5 MW Ball Hill Wind Park joint project with town of Villenova through Noble Power. New provisions in the law include the requirement that wind developers apply to create a wind overlay zone and obtain a special permit. The ordinance also sets new standards for maximum turbine height and noise, and includes setback and decommissioning requirements. The board tabled a motion to adopt the new law in order to review comments received from the Chautauqua County Planning Department and special council for a private developer. Copies of the proposed law are available at the town hall.
Court Dismisses Prattsburgh Lawsuit
A State Supreme Court judge has dismissed a conflict of interest lawsuit against the town of Prattsburgh, in part because wind developer First Wind had not been heard in the case. The dismissal clears the way for the town to exercise eminent domain powers to force several landowners to allow a transmission cable, essential to the development of First Wind’s 36-turbine project, to be buried under a private road. At the core of the suit were two tie-breaking votes in favor of the use of eminent domain by Town Supervisor Harold McConnell, who had received a payment from First Wind prior to casting his votes. The suit charged that McConnell, by failing to recuse himself, acted unethically and unlawfully. Opponents of the wind farm are expected to immediately file a new suit. First Wind is under investigation by the state attorney general due to allegations of improper business practices.
Evans Holds Hearings
The town of Evans held public hearings on three proposed wind energy laws that would regulate both commercial and noncommercial facilities. The Planning Board had expressed strong support for the laws, which were tabled but will be discussed again at the upcoming Town Board meeting on August 20 (see upcoming events). A vote may be taken at the August meeting.
Westfield Takes SEQR Steps
The town of Westfield has taken steps in the SEQR process for the 83 turbine, 125 MW Westfield-Ripley wind farm proposed by Babcock & Brown. The town completed the Environmental Assessment Form for the project, issued a positive declaration and scheduled a public scoping meeting (see upcoming events). After the scoping meeting, the Town Boards of Ripley and Westfield will prepare a final scoping document based on both the Draft Scoping Document and comments received at the public scoping meeting and any written comments received during the comment period, which will extend through Friday, August 8th. The Westfield Town Board is co-lead agency with the Town of Ripley Town Board.
Newfield Adopts Moratorium
Newfield's Town Board has adopted a 180-day moratorium on windmills effective through the end of the year. The board intends to use the time to educate itself about wind power through investigation and public hearings, after which legislation will be drafted to regulate any future wind development.
E.On Moves Forward In Hartsville
German energy company E.On has said it intends to develop a 50 to 80 MW wind farm in Hartsville—meaning 33 to 46 turbines—although its predecessor, Airtricity, held off on developing the same site due to insufficient wind data. A German-owned company, E.On purchased the North American division of Airtricity in October, 2007. The proposed development has already been the source of some controversy in the town of 500 residents, culminating with the resignation of former Supervisor Amy Emerson and Deputy Supervisor George Prior. According to current Supervisor Steve Dombert, one problem was that the Town Board transferred lead agency status to Steuben County Industrial Development Agency (SCIDA), thus removing the town's voice from the application process. There were also allegations that town officials had not fully disclosed their private interests in the project. With the town having little say in negotiations between SCIDA and E.On, Dombert says it’s hard to know what Hartsville will be getting out of the project. "The problem is we don't understand what we're being offered," he said. "I'm against it if it's a bad deal, but I'm in favor of it if it's a good package that helps people." Dombert is trying to get someone from E.On and SCIDA to come to a Town Board meeting and explain the payment in lieu of taxes proposal and the community host agreement.
INDUSTRY NEWS
New York AG Investigates Wind Developers
State Attorney General Andrew Cuomo is investigating two out-of-state companies developing wind farms in New York, due to allegations of improper dealings with public officials and anti-competitive practices. Cuomo has served subpoenas on Newton, Massachusetts-based First Wind and Essex, Connecticut-based Noble Environmental Power LLC. First Wind built the Steel Winds project along Lake Erie in Lackawanna and has wind farms in development in Steuben, Chautauqua, Genesee and Wyoming counties; Noble has three active wind farms and five in development in Allegany, Chautauqua, Clinton, Franklin and Wyoming counties. The investigation will focus on whether the two companies improperly sought or obtained land-use agreements with citizens and public officials, gave improper benefits to public officials to influence their actions, and entered into anti-competitive agreements or practices. Both companies have said they will fully cooperate with the investigation.
GE To Invest $100 Million In New York Wind Farms
General Electric will invest $100 million in three wind farms under construction in northern and western New York. They include a 126 MW wind farm in Wethersfield, a 106.5 MW farm in Chateaugay and a 97.5 MW farm in Altona. When completed this year, the turbines will increase New York’s wind capacity by 47%. GE, the largest supplier of wind turbines in the U.S., is expanding investments to take advantage of federal tax credits and minimum state requirements for renewable energy.
Iberdrola Pushes PSC For Faster Decision
Iberdrola SA, the Spanish company that has sought to buy Maine-based Energy East, is pushing the New York Public Service Commission to vote on the proposed $4.5 billion merger before its next meeting, scheduled for August 20. The PSC has been considering the merger for 12 months through a lengthy legal process that involves an administrative law judge and evidentiary hearings; a point of contention has been Iberdrola’s New York wind developments, which the PSC has insisted must be sold off, and Iberdrola has insisted on keeping. The company is asking commissioners to hold a special meeting by the end of July, but thus far, no special meeting has been announced.
T. Boone Pickens Endorses Wind Energy
Texas multi-billionaire oilman and conservative political contributor T. Boone Pickens has launched a $58 million public relations campaign to push wind power. His plan calls for expanded wind generation of electricity in order to free up demand for natural gas, which would then be used as an automotive fuel, allowing oil imports to be cut. Pickens has stated that he plans to make U.S. dependence on foreign oil into the No. 1 issue of the presidential campaigns this year. Critics point out that Pickens has huge stakes in both natural gas and domestic oil, and is currently building the largest wind farm in the country—meaning that his plan, which calls for $1 trillion in government investment and an extension of tax credits for wind development, would directly benefit himself.
Bluewater Scores First For Offshore Wind
Bluewater Wind scored an industry first in June, when it signed a 25-year contract to supply up to 200 MW of offshore-generated wind power to Delmarva power. The company plans to build its wind farm 11.5 miles off the coast of Rehoboth Beach in Delaware. In addition to its contract with Delmarva, Bluewater has entered into a Memorandum of Understanding with the Delaware Electric Municipal Corporation for the sale of approximately 100,000 to 150,000 megawatt hours of power and 17 megawatts of capacity to its nine municipal members. The offshore turbines are expected to generate 600 MW, meaning Bluewater will need to seek additional buyers. For the plan to proceed, final regulations on the leasing of land on the Outer Continental Shelf will need to be adopted by the U.S. Department of the Interior’s Minerals Management Service.
RGGI Auction Date Set; Delaware Signs On
RGGI began its 60-day bid preparation on July 24 for the nation’s first carbon dioxide allowance auction, to be held September 25. The ten member states have committed to cap and then reduce the total amount of CO2 power plants in the region are allowed to emit, reducing the region’s contribution to atmospheric greenhouse gas levels. Delaware Governor Ruth Ann Minner recently signed a bill authorizing her state to become the tenth participant in RGGI, which will take effect January 1, 2009.
RESEARCH & RESOURCES
NASA Releases Offshore Wind Images
NASA's Jet Propulsion Laboratory has released images depicting offshore wind energy potential around the world. Gathered from almost 10 years of satellite data, the wind maps can be used to measure which sites have the best resource. The best sites, depicted in red, have a steady and high wind speed for most of the year. An example of the maps is shown below. For more information, visit NASA’s website at
www.jpl.nasa.gov/news/news.cfm?release=2008-128.
Red and white colors indicate high wind energy; blue indicates lower wind energy.
(Credit: NASA Jet Propulsion Laboratory.)
