Resource Library Category: New York (83 items)
Documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. This resource library is provided to assist anyone wishing to research the issue of industrial wind power and the impacts of its development. The information should be evaluated by each reader to come to their own conclusions about the many areas of debate.
Wind Option and Wind Energy Lease Agreement
Source: Atlantic Wind
This WIND OPTION AND WIND ENERGY LEASE AGREEMENT (this “Agreement”) is made, dated and effective as of the Effective Date (defined below), by and between Landowner (as defined below) and Atlantic Wind, LLC, an Oregon Limited Liability Company (“Lessee”).
2.2 Wind Facilities Layout Plan. Prior to the commencement of construction of the Wind Power Facilities described in Section 3.2.3, Lessee shall provide to Landowner a plan indicating the proposed location of the Wind Power Facilities, which Wind Power Facilities shall be on Permitted Areas (“Wind Power Facilities Layout Plan”). Lessee shall consult with Landowner and obtain Landowner’s consent, which consent shall not be unreasonably withheld, conditioned or delayed, on Lessee’s Wind Power Facilities Layout Plan prior to construction of any Wind Power Facilities described in Section 3.2.3, showing Landowner the proposed location of wind turbine generators (each, a “Wind Turbine”), roads, electric power lines, substations, interconnection and switching facilities and buildings, before making Lessee’s final decisions as to location of Wind Power Facilities on the Property. The Wind Power Facilities Layout Plan chosen by Lessee shall become Exhibit B to this Agreement. Lessee may, from time to time upon written notice to Landowner and with Landowner’s consent, which consent shall not be unreasonably withheld, conditioned or delayed, make changes to the location of Wind Power Facilities from the location(s) shown on the then current Wind Power Facilities Layout Plan, and the Wind Power Facilities Layout Plan shall be deemed to be modified to reflect such changes. Notwithstanding the preceding sentence, with regard to any change required by Lessee in the location of roads on the Property (from the location(s) shown on the then current Wind Power Facilities Layout Plan), Lessee will obtain prior written consent of Landowner, which said consent shall not be unreasonably withheld, conditioned or delayed.
2.3 Remaining Property. After the completion of the Project (as hereinafter defined), Lessee shall deliver to Landowner legal descriptions, together with As- Built Drawings (as hereinafter defined, generally depicting the location of the<:- Wind Power Facilities as provided in Section 5.2,) of those portions of the . Property designated as the Operating Area (as such Operating Area may be modified as permitted pursuant to this Agreement). The "Operating Area" shall consist of (a) leasehold areas for the Wind Power Facility consisting of approximately a 500 foot diameter circle [4.5 acres] around each Wind Power Facility (collectively, the "Retained Leasehold Areas"), and (b) easement corridors for the access rights described in Section 3.4 and for the Easements described in Section 3.5 (collectively, the "Retained Easement Corridors"). At such time, Lessee, in Lessee's sole discretion, by written notice to Landowner (which notice may include such legal descriptions and drawing(s)), may terminate the lease as to any portion of the Property that is not part of the Retained Leasehold Area that Lessee wishes to release to Landowner (collectively, the "Remaining Property"). In such event, Lessee shall promptly thereafter execute and record a release of all of its right, title and interest in and to such Remaining Property; provided, however, that (and the release shall so provide): (i) the Remaining Property shall in any event remain, for the entire Term, subject to and burdened by (A) the easements,if any, on, over, across, along and above the Retained Easement Corridors, (B) the Easements created by Section 3.5 over all of the Property, and (C) the rights granted to Lessee pursuant to Sections 3.4, 3.5, 4, 12.2, 12.6, 12.8, 12.10, 16.2, 16.7, 16.10, 16.15, and 16.16; (ii) Landowner shall be free to use and develop the Remaining Property subject in all events to Section 11.1, and (iii) in the event that in connection with a repowering of a Project or any portion thereof Lessee reasonably determines that a Retained Easement Corridor needs to be relocated or amended, and subject to the consent of Landowner, which consent shall not be unreasonably withheld, conditioned or delayed, then (A) Landowner shall, promptly upon request therefor, execute and deliver to Lessee an instrument (prepared by Lessee), that implements and grants the applicable rights for such relocation or amendment, and (B) Lessee shall, promptly upon request therefor, execute and deliver to Landowner a release of any part of the previous Retained Easement Corridor that Lessee reasonably determines is no longer needed.
2.4 Commencement of Leasehold Interest. Notwithstanding any provision of this Agreement to the contrary, until the commencement of the Extended Term (as hereinafter defined) occurs as provided in Section 5.1, the interest of Lessee granted pursuant to Section 2.1 shall constitute an easement and right of way with respect to the use of the Property for the purposes permitted during the Option Term pursuant to Section 3 and no leasehold interest or leasehold tenancy shall be created hereunder in the Property until the commencement of the Extended Term.
3.2 Permitted Uses of Property by Lessee.
3.2.1 Option Term During the Option Term, the rights granted to Lessee in this Agreement permit Lessee, without limitation, to do the following:
(a) Extract soil samples, perform geotechnical tests, perform environmental studies, survey the Property or any portion thereof, take photographs of the Property or any portion thereof, and conduct such other tests, studies, inspections and analysis on the Property as Lessee deems necessary, useful or appropriate;
(b) Subject to Landowner's consent, which consent shall not be unreasonably withheld, conditioned or delayed, construct, erect, install, reinstall, replace, relocate and remove from time to time, meteorological and wind measuring equipment, including but not limited to anemometer towers and all necessary and proper appliances and fixtures for use in connection with said towers, and SODAR units, to determine the feasibility of wind energy conversion on the Property, on adjacent property, or elsewhere; and
(c) Install or utilize any other improvements, including roads, facilities, machinery and equipment, on the Property that Lessee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing, and conduct site clearing activities. Any such roads to be installed by Lessee will be sitedf.- on a portion of the Property as determined by Lessee with the prior written consent of Landowner, which consent shall not be unreasonably withheld, conditioned or delayed. Compensation for crop or timber damage will be pursuant to section 11.7.
3.2.2 Extended Term. During the Extended Term and any Renewal Term(s), if applicable, the rights granted to Lessee in this Agreement permit Lessee, to construct, erect, use, install, reinstall, replace, relocate, maintain and remove from time to time any of the following on the Property, on adjacent property or elsewhere:
(a) Wind Turbines, steel towers, foundations and concrete pads, support structure, footings, anchors, fences and other fixtures and facilities, maintenance, security, office and/or guest facilities, staging areas for the assembly of equipment, power generation facilities to be operated in conjunction with large wind turbine installations, control buildings, laydown areas, crane pads, and related facilities and equipment;
(b) electrical wires and cables required for the gathering and transmission of electrical energy and/or for communication purposes for the purposes defined in this Agreement, which may be placed overhead on appurtenant support structures or underground and one or more substations or interconnection or switching facilities from which Lessee may interconnect to a utility transmission system or the transmission system of another purchaser of electrical energy, together with the appropriate rights of way on, along, in and under the Property, and energy storage facilities; and
(c) any other improvements, including roads, facilities, machinery and equipment, on the Property that Lessee reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing. Any such roads to be installed by Lessee will be sited on a portion of the Property as determined by Lessee with the prior written consent of Landowner, which consent shall not be unreasonably withheld, conditioned or delayed.
3.3 Permitted Uses. For the avoidance of doubt, the rights granted to Lessee in this Agreement permit Lessee during the Option Term, any Extended Term and any Renewal Term, without limitation, to undertake any other activities that Lessee determines are necessary, helpful, appropriate or convenient in connection with, incidental to or to accomplish any of the foregoing purposes or for the benefit of one or more Projects, including conducting surveys and environmental, biological, cultural and other tests and studies and conducting site tours to educate and demonstrate the ecological and other benefits of electrical generation from wind power. Without limiting the generality of the foregoing, the Parties recognize that (a) power generation technologies are improving at a rapid rate and that Lessee may (but shall not be required to) from time to time replace or repower Wind Power Facilities on the Property with newer model (and potentially larger) Wind Power Facilities, and (b) the activities contemplated by this Agreement may be accomplished by Lessee or one or more third parties authorized by Lessee.
3.4 Ingress and Egress. This Agreement includes the right of reasonable vehicular and pedestrian access, and ingress of and egress from the Wind Power Facilities (whether located on the Property, on adjacent property or elsewhere), during the Term over and across the Property by means of any existing roads and lanes thereon, and by such other route or routes as Lessee may construct on the Property from time to time in accordance with Section 3.2.1(c) and/or Section 3.2.2(c).
3.5 Easements.
3.5.1 In addition, Landowner hereby grants to Lessee the following easements (together, the "Operations Easements") for the term of this Agreement: (a) an exclusive easement to use, convert, maintain and capture the free and unobstructed flow of wind currents and wind resources over and across the Property; (b) an exclusive easement over the Property for audio, visual, view, light, flicker, noise, vibration, air turbulence, wake, electromagnetic, electrical and radio frequency interference, and any other effects attributable to any Project or the operations of any Project; and (c) an exclusive easement to permit the rotors of Wind Power Facilities located on adjacent properties to overhang the Property.
3.5.2 To the extent that Landowner holds any access, utility, transmission or other easements, rights of way or licenses over lands in the general vicinity of the Property (the "Landowner Easements"), and Lessee determines that such Landowner Easements could be used for the benefit of a Project, then the same are hereby included in this Agreement, and Lessee shall be entitled to make full use thereof. Upon the request of Lessee from time to time, Landowner shall grant to Lessee (or a party designated by Lessee), in recordable form and containing such terms and provisions as may reasonably be requested by Lessee, for no additional consideration) one or more subeasements of the Landowner Easements (each, a "Landowner Subeasement"). The term of each Landowner Subeasement shall run concurrently with the Term (or for a shorter period of time as is provided in the applicable Landowner Easement, or as may be requested by Lessee), and shall terminate upon the expiration or termination ofthis Agreement.
3.5.3 Upon Lessee's request from time to time, Landowner shall grant to Lessee (or a party designated by Lessee), in recordable form and containing such terms and provisions as may reasonably be requested by Lessee, for no additional consideration, the following stand-alone easements (each, a "Separate Easement"): (a) one or more nonexclusive easements for access rights on, over and across the Property, including for vehicular and pedestrian ingress, egress and access to and from one or more Projects; and (b) one or more easements for Wind Power Facilities on, under, over and across the Property, for the benefit of one or more Projects, in each such case as, where and to whom designated by Lessee. The term of each Separate Easement shall run concurrently with the Term (or for a shorter period of time as may be requested by Lessee), and shall terminate upon the expiration or termination of this Agreement.
3.5.4 With respect to each Operations Easement, Landowner Subeasement and Separate Easement (each, an "Easement"): (a) to the extent permitted by applicable federal, State and local laws, statutes, ordinances, orders, rules and regulations (each, a "Law"), such Easement shall be appurtenant to the applicable leasehold estate or easement; (b) such Easement shall run with the Property (and such other lands, as applicable) and inure to the benefit of and be binding upon Landowner and the holder of the Easement and their respective successors and assigns and all persons claiming under them; (c) no act or failure to act on the part of Lessee or the holder of the Easement shall be deemed to constitute an abandonment, surrender or termination thereof, except upon recordation by such holder of a quitclaim deed specifically conveying the Easement back to Landowner; (d) nonuse of the Easement shall not prevent the future use of the entire scope thereof if the same is needed; and (e) no use ofor improvement to the Property or any lands benefited by the Easement, and no assignment or sublease hereof or thereof, shall, separately or in the aggregate, constitute an overburdening of the Easement.
11.1 Landowner Activities. Landowner expressly reserves the right to use the Property for purposes of (a) farming, including the growing of crops, pasturing of livestock, and construction of farm-related buildings and related facilities; (b) cutting and removal of timber; (c) the mining and/or removal of sand, stone and/or any and all minerals, overburden materials, oil and/or gas, in, upon and/or underlying the Property, and (d) hunting and recreational vehicle use, and for any and/or all other lawful purposes, but only to the extent that (i) such use by Landowner does not, currently or in the future, interfere with Lessee's operations hereunder or enjoyment of the rights hereby granted to Lessee; (ii) any such use does not include wind energy development or the installation or use of any facilities related to wind energy development or generation (which rights and uses are exclusively granted to Lessee in this Agreement), and (iii) any leases and easements entered into by Landowner with respect to the Property after the Effective Date shall expressly provide that they are subject and subordinate in all respects to this Agreement and to the rights of Lessee and any Lender or Assignee hereunder. Notwithstanding the foregoing and subject to Landowner's rights under this Agreement, if there is any conflict or disagreement between Landowner and Lessee regarding their respective rights to develop and utilize the Permitted Areas or Easements, then Lessee's use (for the purposes permitted in this Agreement) shall have first priority. Lessee shall make reasonable efforts not to disturb Landowner's activities on the Permitted Areas or Easements to the extent such activities are consistent with Lessee's rights under this Agreement. Lessee shall post (and shall have the right to gate) the access roads Lessee constructs going to the Wind Power Facilities as being private roads only for use by authorized personnel in connection with the Wind Power Facilities. Landowner may use or cross such roads only to the extent that Landowner does not interfere with Lessee's rights under this Agreement.
11.4 Requirement of Governmental Agencies. Lessee, at its expense, shall comply in all material respects with valid laws, ordinances, statutes, orders and regulations of any governmental agency applicable to the Wind Power Facilities. In its sole discretion and through appropriate legal proceedings brought in the name of Lessee or in the names of both Lessee and Landowner where appropriate or required, Lessee shall have the right to contest the validity or applicability to the Property or Wind Power Facilities of any law, ordinance, statute, order, regulation, property assessment or the like now or hereafter made or issued by any federal, state, county, local or other governmental agency or entity. Landowner shall cooperate in every reasonable way in such contest, provided Lessee' reimburses Landowner for its reasonable and actual out-of-pocket expense directly incurred in connection with such cooperation, to the extent Lessee has approved such expense in advance. Any such contest or proceeding, including any maintained in the name of Landowner, shall be controlled and directed by Lessee, but Lessee shall protect and indemnify Landowner from Lessee's failure to observe or comply during the contest with the contested law, ordinance, statute, order, regulation or property assessment.
11.7 Crop/Timber Damage.
11.7.1 Lessee shall pay Landowner one-time compensation of $350 per acre (prorated for fractional portions) for any and all portions of the Property that are taken out of commercial crop production from the Property during the construction of the Wind Power Facilities and any and all crops damaged as a direct result of Lessee's construction of Wind Power Facilities on the Property. Portions of the Property shall be deemed to have been taken out of commercial crop production only to the extent Lessee's construction of Wind Power Facilities on the Property materially interferes with Landowner's ability to farm such portions of the Property during the growing season in which such construction occurs, assuming that Landowner was actually farming such portions of the Property immediately prior to Lessee's commencing construction of the Wind Power Facilities on the Property. After construction is complete, Lessee shall not be responsible to pay Landowner any losses of income, rent, business opportunities, profits or other losses arising out of Landowner's inability to grow crops or otherwise use the Property as a result of the existence or operations of the Wind Power Facilities on the Property, and no further payment will be made to Landowner for crop damage.
11.7.2 Lessee shall cause the cutting of trees on the Property as may be necessary for the exercise of the rights granted to Lessee pursuant to this Agreement. At least thirty (30) days prior to any cutting of trees by Lessee, Lessee will inform Landowner of the trees that are required to be cut in order to give Landowner the opportunity to capture the timber value of the trees. In the event Lessee fails to give Landowner such thirty days advance notice regarding the trees to be cut by Lessee, Lessee will reimburse Landowner for the timber value of the destroyed trees, which value will be determined by Lessee and Landowner based upon the prevailing market value for commercial timber at the time of such cutting.
11.7.3 Landowner understands that, as the Project alignment may transect the boundaries of properties owned by third parties, the removal of trees from the Property may be necessary for the benefit of the performance of Wind Turbines located on adjacent property, Landowner agrees that, subject to the requirement for written notice contained in this Section 11.7, trees may be removed from the Property as required for the efficient operation of Wind Turbines located on the Property or on adjacent properties.
12.2 No Interference. Landowner's activmes and any grant of rights Landowner makes to any person or entity, whether located on the Property or elsewhere, shall not, currently or in the future, impede or interfere with rights granted to Lessee under this Agreement with respect to: (i) the development, siting, permitting, construction, installation, maintenance, operation, replacement, relocation or removal of Wind Power Facilities, whether located on the Permitted Area or elsewhere; (ii) the flow of wind, wind speed or wind direction over the Property; (iii) access over the Property to Wind Power Facilities, whether located on the Permitted Area or elsewhere; or (iv) the undertaking of any other activities of Lessee permitted under this Agreement. In no event during the term of this Agreement shall Landowner construct, build or locate or allow others to construct, build or locate any wind energy conversion system, Wind Turbine or similar project on the Property.
12.7 Quiet Enjoyment. Landowner covenants and warrants that Lessee shall peacefully hold and enjoy all of the rights granted by this Agreement for its entire Term without hindrance or interruption by Landowner or any other person or entity subject to the terms of this Agreement.
12.8 Waiver of Nuisance. Landowner has been informed by Lessee and understands that the presence and operations of the improvements on the Permitted Area and on adjacent property will potentially result in some nuisance to Landowner, such as: (i) higher noise levels than currently occur at the Permitted Area and the surrounding area; (ii) visual impact; (iii) “flickering” reflections and/or shadowing from the Wind Turbine rotors. Landowner hereby accepts such nuisance and waives any right that Landowner may have to object to such nuisance (and Landowner releases Lessee from any claims Landowner may have with respect to any such nuisance). Lessee will exercise reasonable efforts to keep such nuisances, if any, to a minimum.
16.2 Confidentiality. Landowner shall maintain in the strictest confidence, for the benefit of Lessee and any Assignee, all information pertaining to the financial terms of or payments under this Agreement, Lessee’s site or product design, methods of operation, methods of construction, power production or availability of the Wind Power Facilities, and the like, whether disclosed by Lessee or any Assignee, or discovered by Landowner, unless such information either (i) is in the public domain by reason of prior publication through no act or omission of Landowner or its employees or agents; or (ii) was already known to Landowner at the time of disclosure and which Landowner is free to use or disclose without breach of any obligation to any person or entity. Landowner shall not use such
information for its own benefit, publish or otherwise disclose it to others, or permit its use by others for their benefit or to the detriment of Lessee or any Assignee. Notwithstanding the foregoing, Landowner may disclose such information to (a) Landowner’s lenders, attorneys, accountants and other personal financial advisors solely for use in connection with their representation of Landowner regarding this Agreement or in connection with the proposed sale or refinance of the Property; (b) any prospective purchaser of the Property who has made a written offer to purchase or otherwise acquire the Property that Landowner desires to accept; or (c) pursuant to lawful process, subpoena or court order requiring such disclosure, provided that Landowner (1), at a reasonable time prior to such disclosure, notifies Lessee of such anticipated disclosure, and (2) in making such disclosure advises the party receiving the information of the confidentiality of the information and obtains the written agreement of said party not to disclose the information, which agreement shall run to the benefit of and be enforceable by Lessee. Landowner shall get Lessee’s written consent before issuing a press release or having any contact with or responding to the news media with any operational, sensitive or confidential information with respect to this Agreement, the wind power project to be constructed on the Permitted Area by Lessee, or any other existing wind power project owned or operated by Lessee. The provisions of this Section 16.2 shall survive the termination or expiration of this Agreement.
16.14 Third-Party Access. Both parties shall have the power and authority to control and prevent access by third parties to the Property or Permitted Areas, as applicable, if such third parties have not been authorized by either Landowner or Lessee. Either party may invite third parties upon the Property or Permitted Areas, as applicable, without permission from the other so long as no material inconvenience is caused to the other party. Lessee shall invite third parties only for purposes relevant to this Agreement.
16.15 Overhangs and Adjacent Property. Landowner understands that, as the boundary between the Permitted Area and adjacent property might extend at or near to the topographic crest of the geologic feature upon which the Permitted Area is located or for other reasons may be located near the boundary of the Property, and that optimal siting of Wind Turbines requires their placement at or near to such topographic crest or boundary such that the blades of a turbine located on the Permitted Area might overhang such adjacent property; similarly, the blades of a turbine located on an adjacent property might overhang the Permitted Area. Landowner hereby agrees to such overhang, if any, with respect to the Permitted Area by blades of Wind Turbine(s) located on adjacent property. Landowner further agrees, should zoning regulations be proposed that might prevent such overhangs or institute property-line set-back requirements more restrictive in nature than those indicated on the Wind Power Facilities Layout Plan, to cooperate with Lessee in obtaining exemption from such regulations for any Wind Turbines associated with the Project and sited according to the Wind Power Facilities Layout Plan.
16.16 Safety Zone. If permitted by applicable law, Lessee reserves the right to designate the Permitted Area as a Safety Zone, as may be described under the statutes of the State.
Download original document: “Wind Option and Wind Energy Lease Agreement”
Values in the Wind: A Hedonic Analysis of Wind Power Facilities
Source: Heintzelman, Martin; and Tuttle, Carrie
ABSTRACT: The siting of wind facilities is extremely controversial. This paper uses data on 11,369 property transactions over 9 years in Northern New York to explore the effects of new wind facilities on property values. We use a repeat-sales framework to control for omitted variables and endogeneity biases. We find that nearby wind facilities significantly reduce property values. Decreasing the distance to the nearest turbine to 1 mile results in a decline in price of between 7.73% and 14.87%. These results indicate that there re- mains a need to compensate local homeowners/communities for allowing wind development within their borders.
Download original document: “Values in the Wind”
Letter to Lake Erie boaters
Source: Isselhard, Al
Hello, Ohio Yachting and Boating Clubs -
You may not be aware of an ambitious project underway that could affect Ohio recreational boating, fishing and watersports in a largely negative manner. Lake Erie Energy Development Corporation (LEEDCo), an economic development corporation, is a private, nonprofit enterprise representing Northern Ohio’s public interests in offshore wind. LEEDCo is leading Northern Ohio’s regional efforts to build, install, and deploy an initial 20-megawatt (MW) offshore wind pilot project near Cleveland in Lake Erie. LEEDCo hopes to place 5 to 8 industrial offshore wind turbines in Lake Erie beginning in 2012. If this happens – the camel’s head is in the tent. Should their trial pilot project be deemed successful – the next step would, of course, be to develop a much larger scale wind factory(s) consisting of dozens, perhaps thousands of offshore turbines in Lake Erie and this will have a tremendous negative impact on water recreation activities. Ohio’s offshore wind energy development must be stopped before this takes place! LEEDCo is not telling you about the many negatives involved as they are aware that an adverse reaction will soon take place – we are helping that along – please read on. The sales pitch and ultimate goal of their efforts is mainly to produce jobs for Ohio – a noble and worthwhile ambition except for the numerous negatives that will accompany this sideshow technology. Wind advocates will not share the downside story but instead magnify the benefits hyped by wind energy supporters. What is now happening in the Cleveland area with LEEDCo is the beginning of the exploitation of beautiful Lake Erie. And since Lake Erie is a very shallow lake – bathymetry is not a factor limiting offshore turbine placement throughout the lake. This treatise will reveal the many negatives LEEDCO is hiding from those who enjoy water recreation in Lake Erie and deserve to know the truth – read on..
At an offshore wind conference in April 2011 at the Rochester Institute of Technology (NY) – a LEEDCo representative, Drew Pierson, presented this information. He said Lake Erie had the offshore capacity for 68,00Mw of power. Assuming each offshore turbine generates 4 Mw – he’s indicating that 17,000 turbines could be placed in the lake – and that of course would not include Ontario, Canada. Now think about how 17,000 turbines would affect boating in Lake Erie off Ohio’s coast to the Canadian border in the middle of the lake! Is this acceptable?
Now consider this quote from the Cleveland’s WKYC TV website on May 25, 2011: Lorain (Ohio) Commissioner Ted Kalo, a LEEDCo Board Member who has been involved with this project before the creation of LEEDCo, has always stated “this is not about installing wind turbines in Lake Erie, it is about creating new industry and jobs for Lorain County and Northern Ohio.” Kalo is right – this whole process isn’t to promote wind energy because wind doesn’t work or deliver as promoted and promised. The whole LEEDCo effort exists to create jobs for Ohio folks – at the expense of beautiful Lake Erie. LEEDCo is going to destroy Lake Erie for these jobs and the LEEDCo 8-turbine pilot project is merely the beginning of 17,000 turbines in Lake Erie. Imagine what Lake Erie would look like with 17,000 turbines in the lake for the rest of your life. Ohio is now taking the first steps toward that end and NOBODY knows this is happening!!!!!!! If there’s a need to find “green” jobs for thousands of Ohio people let them build electric cars people can afford to buy.
BEWARE – THE FUTURE OF BOATING & YACHTING IN LAKE ERIE, AS YOU HAVE KNOWN IT, IS AT GREAT RISK!
There is not one company presently manufacturing offshore turbines in America. There is only ONE operating freshwater offshore wind plant in the world – in Sweden. If the LEEDCo project does move forward it will boost the economy of wherever the turbines are built – Denmark, Germany, Spain or the Asian community – NOT Ohio. The turbines being used in the Cleveland project are NOT made in America. Are you aware of the recent huge world-wide job losses by people employed in the terrestrial wind turbine business as a result of diminished wind farm interest and the subsidies cut backs? Are you aware that low natural gas prices have dealt a severe blow to wind development and the gas prices are expected to remain low for years? Are you aware of the debacle the onshore Lackawanna Steel Winds project, near Buffalo (on Lake Erie’s shore), has been with constant rotor blade failures and gearbox breakdowns on their Clipper Liberty 2.5mw turbines? Less than half of these Steel Winds turbines have run early this year. The Steel Winds II wind factory was supposed to be completed in 2010 and has never even begun – the honeymoon is over!
The most valuable and desirable property in most any community is waterfront property. Waterfront property is usually taxed the highest in any town for obvious reasons. Does your waterfront community have any idea what impact the erection of dozens of offshore turbines will have on their waterscape? Are the Lake Erie lakefront property owners even aware of the ambitious plans of LEEDCo to promote this current obsession with wind power to the point where the renewable revolution could cause thousands of offshore turbines to be planted well within sight of their lovely lakeshore homes and forever devastate the value of their investment? Much less their peace of mind or even their health? What LEEDCo, with support from the state of Ohio, is proposing is economically and technological reckless. Politicos have been sold a false bill of goods based on misleading representation by greed stricken wind charlatans who have one goal amongst themselves – money and more money and nothing else. What LEEDCo is proposing is a statewide assault on residential health, drinking water, natural resources and the environment. It is time to end the half-truths, lies, and exaggerations by those embracing this junk science. Do you want your community lakeshore to look like this?
In New York State during the past fifteen months – seven lakeshore counties passed resolutions indicating they didn’t want the Great Lakes Offshore Wind (GLOW) project offshore from their county – a 166 offshore turbine project currently being promoted by the New York Power Authority. These decisions came after each county individually studied all the issues surrounding the pros and cons of an industrial offshore wind project and its potential benefit to the county. Our committee assisted by presenting literally dozens of negatives the elected officials never knew about or thought of. In addition to the seven counties that rejected GLOW offshore wind – numerous lakeshore towns also passed resolutions against GLOW. In February this year the province of Ontario, Canada passed a moratorium against offshore wind development in the Great Lakes ending any further offshore wind progress in four Great Lakes that border Ontario including Lake Erie. If just one wind factory is permitted to exist in any of the Great Lakes – the lakes will fall victim to thousands of these 450?+ tall behemoths and transform the lakes into a steel forest for the rest of our lives. WE cannot let this happen.
Industrial wind energy (IWE) is not clean. Industrial wind turbines (IWTs) require oil and other fluids (lubricants, hydraulics fluids, coolants, etc) in the nacelles, up to 200 plus gallons each, oil that must be changed periodically and disposed of, oil that leaks and is released into the environment when IWTs collapse or catch on fire. IWTs also require a rare earth mineral for their powerful magnets called neodymium, currently mined primarily in China. Other than small amounts of rare earths being mined recently in California, rare earths are mined in China – processing the material is a toxic process that is harmful to humans and animals. We don’t seem to mind destroying the lives and health of Chinese citizens for our own selfish needs, but be sure, it is primarily mined in China because human rights are disregarded there. Also regarding “clean”, the life expectancy of offshore IWTs is about 20 years, and once they have failed and are no longer maintained, have been left to rust in other places, like Hawaii and California, leaving vast metal and mineral junkyards to litter the viewshed for decades. Is that the future of our precious Great Lakes?
Also, what is clean about disturbing the lake bottom and decades of accumulated toxins on the lake bottom by driving a turbine monopile deep into the lake floor for each turbine placement and then trenching miles of the lake bottom for transmission cable placement? How is that clean for drinking water, beaches, and marine life? What is clean about noise from turbine foghorns and the whooshing sounds of 166 turbine rotors, as well as maintenance helicopters creating noise pollution? What is clean about the visual disturbances and loss of darkness created by FAA mandated flashing red strobe lights atop the nacelles and Coast Guard mandated navigation lights mounted on the towers for boater safety? Wind is intermittent, and the existing coal fired power plants will not only be required to keep running and polluting, but the frequent ramping up and down (called “cycling”) that will occur to accommodate IWE is known to cause even more CO2 than they currently produce.
What are the benefits of offshore wind development?
IWE is not low-cost. Recent lowering of natural gas prices, along with nuclear, account for far less expensive electricity than IWE. After solar, wind is the most expensive. GLOW is projected to cost up to $1.5 billion to develop. If you review other IWE projects in the U.S. and around the world, you will see that projected costs NEVER, anywhere in the world, meet original projections. A recent example is the Deepwater Wind farm proposed offshore from Block Island, R.I. Originally pegged at $390 million, it is most recently expected to cost about $415 million (Providence Business News, 4/25/2011). As a result, two large plastic manufacturers have already brought lawsuits against Deepwater Wind and National Grid, stating this would add millions to their annual electric bills. The R.I. Supreme Court agrees, and has allowed the lawsuit to continue. Cape Wind is another good example; increasing original projected costs three fold within one year. Examples are endless, but that is just the beginning. The cost of transmitting this power is three to four times more costly than traditional sources, all costs that are passed on to ratepayers. Taxpayers will pay for IWE forever, as it is not sustainable without government subsidies and tax breaks. As a result, IWT manufacturers and developers from around the world are hiring the best, highest paid lobbyists they can find to help siphon government subsidies and take advantage of “renewable” energy tax breaks. The responsibility for this whole mess rests on the shoulders of legislators, yes state and federal legislators who have mandated that electricity must obtain a percentage of its energy from “renewable” sources, called a Renewable Portfolio Standard. Being seen “green” these days in critical to re-election. Therefore, our own government has allowed, if not forced, this scamming industry to flourish. As a result, businesses will be forced out of existence and ratepayers will have to change their spending habits to pay for electricity. Finally, there are no offshore IWTs or transmission cables manufactured in the U.S., so the billions of dollars needed to purchase these monstrosities will go directly from U.S. pockets to Europe and China. Most people boosting IWE are those who have a financial interest or something tangible to gain. Property values have already been mentioned. And let’s not forget about tourism, waterfront businesses, boating, tourism, commercial fishing, and other businesses that rely on recreational use of the lake and shore, all significant contributors to the regional economy. Power purchased through a power purchase agreement with the developer will be several times more costly than current conventionally generated electricity, yet another financial burden for local businesses. Taxpayer will finance 50% to 60% of a wind factory and the financial benefit could be enjoyed by foreigners to boot.
IWE is not reliable. It is intermittent, unreliable, low quality, volatile and unpredictable. IWE works 30% of the time, at best. No one can predict or plan around wind. It blows at the right speed to produce energy when it does. Recently in Lackawanna, N.Y., the eight IWTs along the shore of Lake Erie were shut down during high winds to prevent damage. In recent months, many have been idle due to mechanical failures that have plagued this project since the beginning. Last year in the U.K., the John Muir Trust found that Britain’s wind farms produced just 21% energy most of the time. In December and January, IWTs froze, and Britain was forced to purchase nuclear power from France and pay to have it transmitted, while still paying for its own IWTs. Steve Holliday, CEO of National Grid, Britain’s grid operator (with a presence in NYS as well!), said families would “have to get used to only using power when it was available rather than constantly” because of a six-fold increase in wind energy generation. He told BBC’s Radio 4, “We keep thinking that we want it to be there and provide power when we need it…. We are going to change our own behavior and consume it when it is available and available cheaply”. THAT IS OUR ENERGY FUTURE UNLESS WE STOP THIS NONSENSE NOW.
“Commitment to the environment and safety”? The Great Lakes provide the largest fresh water source in the U.S. Drinking water is now safer than it has been in decades, thanks to the efforts of the IJC, DEC, and federal and state governments that jointly started clean-up efforts in 1980. Until then, multiple toxins including PCBs, dioxin, mercury, cadmium, lead, arsenic, and others were filtering into the lakes from agriculture and industry, largely unregulated, and poisoning lake users and the environment. Much of this toxic soup is now believed to be encapsulated, buried beneath years of cleaner sediment and sand. The LEEDCO project and future offshore wind development will cause tremendous sediment displacement. Potential exposure of these toxins could take us back to the pollution and devastation of decades past, when fish deformities and tumors were the norm, when there were restrictions on fish and wildlife consumption, beaches were closed, and there were drinking water problems. Further, in many places, like Wolfe Island, Canada (eastern Lake Ontario region), where 600 birds and 1,200 bats were slaughtered by IWT blades in the first six months of operation alone, IWTs are referred to as “avian cuisinarts”. The Wall Street Journal published an article on 9/7/09 called “Windmills Are Killing Our Birds”, citing the Altamont Pass wind farm east of Oakland, CA. The article complains that IWTs slaughter 100 times as many birds EVERY YEAR as Exxon Mobil’s oil tanks, and Exxon paid $600,000 in fines in one year alone (in accordance with the Migratory Bird Treaty Act of 1918), while the wind farm owners pay nothing. Michael Fry of the American Bird Conservancy estimates that U.S. turbines kill between 75,000 and 275,000 birds per year, yet the Justice Department is not bringing cases against the wind companies.
As mentioned, no offshore IWTs are currently manufactured in the U.S., and neither is underwater transmission cable linking the turbines together electronically. As noted from the Rhode Island lawsuit, businesses will be unable to meet escalated electricity costs, and other than lawyers profiting from lawsuits against wind developers, jobs will be lost. Throughout Europe, where wind farms are more prevalent, job loss reports are well documented. Italy reports 5 job losses for every job created by IWE, and remaining countries report between 2-4 jobs lost for every job created. Would the Ohio’s project be the only wind project in the world to create more jobs than losses? Doubtful! Ohio’s projects would, on the other hand, boost the economy of wherever the transmission cables & turbines are built – Denmark, Germany, Spain, or in Asia – NOT Ohio. You should also be aware of the recent huge job losses by employees of the terrestrial wind turbine industry as a result of diminished IWE interest and subsidy cutbacks and low natural gas prices.
How will the LEEDCo project affect Lake Erie boating and yachting?
- Lake Erie seascape aesthetics will forever be lost & instead be replaced by offshore wind turbines – the dreams of self- serving, politically driven wind advocates who view Lake Erie as the perfect site for this sideshow technology. Municipality rejection of this hit ’n’ miss nightmare is now avoided.
- Navigation over Lake Erie will become limited. Go-nogo boating zones may be created
- Foghorns will become an annoyance during foggy weather
- Offshore turbines, obstacles, will be a danger during foggy or stormy weather
- Offshore turbines attract lightening
- Offshore turbines will leak fluids (oils, coolants, hydraulics, lubricants) – into the lake that will contaminate the water and harm marine life
- Water will become filthy during and after wind factory development as a result of sediment displacement caused by driving the turbine monopiles into the lakebed and the trenching of miles of the lakebed for transmission cable burial. The same thing will happen again IF the turbines are ever decommissioned and removed from the lake long after you’re gone
- Nighttime darkness will instead be replaced by bright red flashing strobe lights atop offshore turbines – due to FAA requirements
- Coast Guard requirements will likely mandate lighting of the turbines from top to bottom for boating safety.
- There is the potential for your anchor to pierce a transmission cable
- Stray voltage (also known as dirty electricity) can have an impact on marine life as it has on farm animals
- The beautiful views mariners have taken for granted since day one will become a remembrance and replaced by 450’ tall behemoths that generate noise, reflect the sunlight from their rotor blades and cause annoying shadowing from rotor blades
- Turbines will be abandoned after 15 years because all the tax benefits had been captured, performance has deteriorated, newer more efficient technology has replaced the steel forests, or maintenance & repair costs become prohibitive. Have a look at the Altamont wind project in California for reference.
- Offshore turbines will affect weather radar, GPS units, and boating communication and this has already been proven and well documented
- Will turbines topple as a result of Lake Erie spring ice movement? Time will tell.
Time is the enemy of the wind developers, because as more people learn the bitter truth about offshore wind, its high cost, intermittency, low quality, volatility, complete lack of electric base-load, environmental treachery – people will no longer believe the half-truths, exaggerations, and lies of those promoting this inefficient technology. The wind junk science will drive America into fuel poverty, cause a massive transfer of wealth to the foreigners that manufacture and install offshore turbines and prevent directing US investment money into more promising electrical generating technology.
To commence this project is contrary to Ohio’s Public Trust Doctrine
LEEDCo’s project is incongruous with the Ohio’s State Public Trust Doctrine established in 1803. Ohio, as sovereign, has an obligation to protect the public trust held waters and land beneath Lake Erie for the public good and minimize the occupation of public trust lands for private benefit. The state should not grant LEEDCo, a private corporation, the right to take control of the lake bottom or pass that right on to another private corporation for industrial wind farm construction. This would be a breach of the trust that Ohio has been given the responsibility to uphold. Certainly, the legality of such a decision would be vigorously challenged. Could LEEDCo sell the lease to China or some other foreign entity and endanger the infrastructure like has happened in NYS with Iberdrola?
Offshore wind is not about the need for quality electricity, or to help halt global warming, reduce the carbon footprint, smog, or eliminate nitrogen oxide (NOx) and sulfur dioxide (SO2) – wind is about greed and money and nothing more! LEEDCO with Ohio’s blessing has begun a statewide assault on residents health, property values, drinking water quality, waterscape aesthetics. The sacrifice of Lake Erie by Ohio is environmental treachery by opportunist politicians and their clients to promote a junk science that is proven to be economically and technologically reckless. A moneywaster!
Please share this with your club directors and staff, post this letter on your club bulletin board, put it onto your club website, tell other Lake Erie boaters & fishermen about this – pass the word as best possible as few people really know and understand how the LEEDCo project will haunt them. Ohio boaters – you must take action against this right now!
Sincerely,
Alan Isselhard
Member Great Lakes Concerned Citizens
Member Great Lakes Wind Truth
speedway2742@gmail.com
Commercial Wind Power Facilities Law of 2010 of the Town of Rensselaerville
Source: Rensselaerville, N.Y., Town Board
A local law that amends the Town of Rensselaerville Zoning Law by prohibiting the siting, installation and operation of commercial wind power facilities in the Town of Rensselaerville.
The purpose and intent of this law is to clearly establish that commercial wind power facilities as defined herein shall not be allowed in any zoning district or on any land in the Town of Rensselaerville.
The Town Board of the Town of Rensselaerville as the rationale for this Local Law hereby finds that the installation and operation of commercial wind power facilities, as defined herein, in the Town of Rensselaerville will have a detrimental effect on the Town of Rensselaerville, its land values, environment and rural character with minimal or no corresponding benefit to the Town and its residents as well as limited, if any, and highly questionable benefit to society and the environment at large. This finding is based on the detailed study and report authored by the Town of Rensselaerville Wind Power Committee entitled, “Wind Power Committee Recommendations Report for Industrial Wind Power,” and dated, July, 2010 (hereinafter referred to as the “Report”). Said Report has been adopted and accepted by the Town Board as the official policy document on commercial or industrial wind power for the Town of Rensselaerville and is hereby incorporated by reference in this Law.
As set forth in the above-referenced Report, the installation and operation of industrial or commercial sized wind power facilities is incompatible with the Town of Rensselaerville Comprehensive Plan in that the nature, size and intrusiveness of such use will have a detrimental effect on the Town’s unique rural character the protection of which is the predominant policy set forth in the Comprehensive Plan. In addition, there are significant concerns and support in studies, referenced in the Report, that these types of facilities may cause detrimental impacts on health, the environment and safety as well as negatively affecting real estate values (which would have a tax revenue impact) within a fairly wide proximity to these facilities. Finally, as is demonstrated in the Report, Albany County and particularly the Town of Rensselaerville, does not have the sustained high level of wind speed to make this commercial/industrial wind power generation viable for consistent energy production that would make a material difference in overall “clean” power generation. As such, upon balance, the detrimental impact on community character, residential quality of life, environmental and health considerations that would be experienced locally both short and long term as a result of the operation of these facilities is disproportionally large and far outweighs the minimal benefit of additional “clean” electricity that such facilities may produce in the Town of Rensselaerville. …
Article II of the Town of Rensselaerville Zoning Law (Local Law No. 1 of 1991) (as amended from time to time) is hereby amended to include the following term and definition:
COMMERCIAL WIND POWER FACILITY: Any single or multiple wind turbines, equipment and or facilities designed for the generation of electrical power for connection to the power grid and/or sale of electrical power and includes any such turbine or facility with a generating capacity of more than one hundred kilowatts (100kW)
Article IV, Section 1 of the Town of Rensselaerville Zoning law is hereby amended to add the use “Wind Power Facility, Commercial” to the use table under the category of General Uses and inserting “Wind Power Facility, Commercial” under each zoning district indicating that said use is prohibited in all zoning districts of the Town of Rensselaerville.
Download original document: “Commercial Wind Power Facilities Law of 2010″
