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Resource Documents: U.S. (143 items)

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Documents presented here are not the product of nor are they necessarily endorsed by National Wind Watch. These resource documents are 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.


Date added:  November 20, 2018
New York, OrdinancesPrint storyE-mail story

Wind Energy Facilities Law, Town of Richland, New York

Author:  Town Board, Richland, N.Y.

The Town Board of the Town of Richland finds and declares that:

5-1 The New York State Constitution’s “Bill of Rights for Local Governments” (Article IX, §2-10) obligates local legislators to protect the health, safety and well-being of their community.

5-2 While wind energy is a semi-renewable energy resource of electricity generation, and under some circumstances it may reduce the use of nonrenewable energy sources, the possible benefits must be balanced against potential negative impacts to local citizens, local economy, local ecosystems and regional military facilities.

5-3 Regulation of the siting and installation of wind turbines is necessary for protecting the health, safety and well-being of neighboring property owners, the general public, the local economy and local ecosystems.

5-4 Several independent legal and economic experts have concluded that there can be serious legal and economic detriments for landowners entering into the secretive, complicated and one-sided lease/easement contracts written by industrial wind energy developers.

5-5 Large-scale multiple-turbine industrial wind energy facilities present significant potential negative aesthetic impacts because of their enormous size, lighting, dissimilarity from the natural environment, and possible shadow flicker effects.

5-6 Installation of large-scale multiple-turbine industrial wind energy facilities can create and/or exacerbate drainage problems through erosion and lack of sediment control of facility and access road sites, and harm farmlands and agriculture through construction methods utilized and arable land conversion to industrial purposes.

5-7 Construction of industrial wind energy facilities can create traffic problems, dangerous road conditions for local and other travelers and damage local roads

5-8 There is significant evidence from independent appraisers that industrial wind energy facilities will likely reduce property values of nearby property owners. Said property value reductions will reduce the Town’s tax base, resulting in a tax rate increase on all Town property owners.

5-9 A large-scale industrial wind energy facility may be a significant source of noise and vibration, These can have negative health impacts on residents in neighboring properties, particularly in areas with low ambient noise levels. According to various medical experts (by way of limited example, the World Health Organization), the infrasound component of such noise can be the most problematic.

5-10 In certain circumstances, industrial wind energy facilities can cause electromagnetic interference with some types of communications.

5-11 Independent experts have concluded that bats killed by industrial wind energy turbines can result in an appreciable reduction in regional agricultural yields. Estimates have been done for every county in the United States, and these experts have projected that this could adversely affect our local community’s economy.

5-12 Independent experts have concluded that turbines kill large quantities of birds. Especially troublesome are the raptors that are destroyed. The Town of Richland is located on a major migration route for many species of birds, and is habitat for many species, both year-round and seasonal.

5-13 Independent experts have concluded that industrial turbines can have a variety of adverse health effects on other wildlife, livestock and domestic animals.

5-14 Independent experts have also concluded that industrial turbines can have a variety of adverse effects on hunting and fishing.

5-15 The Town of Richland has many scenic viewsheds, and some of these would be negatively affected by industrial wind energy facilities.

5-16 The Town of Richland is considering adopting a Local Waterfront Revitalization Plan which will include the establishment of a Scenic Overlay District in recognition of the importance of the scenic assets of the community.

5-17 Public and private dollars have been invested in infrastructure within the Town to enhance and promote tourism, an important regional industry. Several studies by independent experts have concluded that nearby industrial wind energy facilities can have a major negative economic impact on tourism-sensitive communities.

5-18 The Town and its citizens desire to maintain the pastoral, rural nature of this region. An industrial wind energy facility is in conflict with the culture and character of this community.

5-19 Due to the unusually broad array of potentially problematic findings (and lack of scientifically proven net benefits), the precautionary principle dictates that the Town be particularly conservative and cautionary in its regulation of industrial wind energy.

5-20 In formulation of this Local Law, many studies have been reviewed – and those written by independent experts were given the greatest consideration. (See WiseEnergy.org for good examples of such reports.) Many wind energy ordinances through the United States have been analyzed. Experiences of other communities with industrial wind energy have been studied. An ad hoc Committee was appointed to make recommendations regarding industrial wind energy regulation. Some of the Committee’s conclusions were incorporated into this Local Law.

Noise Impacts:

Applicant will provide a post-construction noise monitoring plan which shall, at a minimum, provide verification from a qualified party that at the WEF [Wind Energy Facility] boundaries and at proximate residences, WEF noise does not exceed 35 dBA for more than five (5) consecutive minutes during a representative range of operating and atmospheric conditions. Instrumentation to verify this shall meet ANSI or IEC Type 1 standards, and measurement procedures shall comply with relevant portions of ANSI 812.9, Part 3. Each report will include the SCADA/Power output data at the time of the testing.

WEF Dimensional Requirements:

To provide for at least minimal operational safety for persons and property located outside of a WEF, all WEFs shall comply with the minimums and maximums contained in the following table:

Type of Wind Energy Facility

Minimum Wind Turbine Setback* from any Property Line, Public or Private Right of Way, and/or Access Easement

Maximum Wind Turbine Height†

Small (≤100 kW)

1.5 feet for each foot of height from any property line and any vacant or occupied dwelling unit on the same property

75 feet

Large (>100 kW)

One (1( mile from facility property lines

500 feet

* Such minimum setbacks for a WEF shall be measured from its outermost extension (whether blade tip, nacelle/turbine housing, or tower/pole edge) that is nearest the WEF property line, public or private right-of- way, and access easement.

† Height is measured from the lowest adjacent grade to the highest point of the structure, including any attachments (such as a lightening protection device or a turbine rotor or tip of the turbine blade when it reaches its highest elevation). No portion of any wind turbine blade shall be closer than 25 feet to any portion of the ground that surrounds any WEF. No LWEF wind turbine shall be permitted to be within five (5) miles of any operating or proposed radar facility (NEXRAD, military, commercial etc.).

Download original document: “Wind Energy Facilities Law, Town of Richland, New York

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Date added:  November 5, 2018
Massachusetts, Noise, SitingPrint storyE-mail story

Re: Falmouth Wind II Turbine Relocation Study

Author:  Rand, Robert

This letter (PDF attached) is respectfully submitted to the Town of Falmouth to provide a qualified professional opinion about the proposed relocation of Wind II. This is submitted independently as a courtesy to the Town free of compensation from any party.

The original permittings for Wind I and Wind II (and NOTUS) resulted in neighbor complaints soon after start-up and were confirmed to exceed Falmouth’s 40-dBA noise limit (turbines sited too close). Weston & Sampson’s relocation recommendation for Wind II appears to be inconsistent with the Town 40 dBA noise limit and the 2017 Barnstable Superior Court Decision.

1. The distance to meet 40 dBA for Wind II, a Vestas V82 with sound power level of 110 dBA, is approximately 891 meters or 2923 feet. This is greater than the setback distances provided by the proposed new location. The proposed new location is still too close.

2. At 2147 and 2244 feet listed in the subject report, the expected sound level is 43 dBA.

3. Use of the proposed new location appears certain to result in the relocated wind turbine’s maximum noise levels exceeding the Falmouth noise limit of 40 dBA.

4. Use of the proposed new location appears certain to result in the relocated wind turbine’s maximum noise levels exceeding established background sound levels of 27-28 dBA by over 10 dB, breaching State 10-dB noise limits.

Supporting detail is provided in the attached PDF. Please contact me if you have any questions.

Respectfully Submitted,
Robert W. Rand, ASA, INCE

October 26, 2018


Robert W. Rand, Member ASA, INCE
Rand Acoustics
Tel: 207-632-1215
Fax: 206-339-3441
Web: http://randacoustics.com

TO:
Mr. Julian M. Suso, Town Manager
Mr. Rod Palmer, Building Commissioner
Town of Falmouth
59 Town Hall Square
Falmouth, MA 02540

Re: Wind Turbine Relocation Study, Weston & Sampson Report, October 12, 2018

Download original document: “Re: Wind Turbine Relocation Study

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Date added:  October 5, 2018
Environment, Technology, U.S.Print storyE-mail story

Observation-based solar and wind power capacity factors and power densities

Author:  Miller, Lee; and Keith, David

Abstract – Power density is the rate of energy generation per unit of land surface area occupied by an energy system. The power density of low-carbon energy sources will play an important role in mediating the environmental consequences of energy system decarbonization as the world transitions away from high power-density fossil fuels. All else equal, lower power densities mean larger land and environmental footprints. The power density of solar and wind power remain surprisingly uncertain: estimates of realizable generation rates per unit area for wind and solar power span 0.3–47 We m−2 and 10–120 We m−2 respectively. We refine this range using US data from 1990–2016. We estimate wind power density from primary data, and solar power density from primary plant-level data and prior datasets on capacity density. The mean power density of 411 onshore wind power plants in 2016 was 0.50 We m−2. Wind plants with the largest areas have the lowest power densities. Wind power capacity factors are increasing, but that increase is associated with a decrease in capacity densities, so power densities are stable or declining. If wind power expands away from the best locations and the areas of wind power plants keep increasing, it seems likely that wind’s power density will decrease as total wind generation increases. The mean 2016 power density of 1150 solar power plants was 5.4 We m−2. Solar capacity factors and (likely) power densities are increasing with time driven, in part, by improved panel efficiencies. Wind power has a 10-fold lower power density than solar, but wind power installations directly occupy much less of the land within their boundaries. The environmental and social consequences of these divergent land occupancy patterns need further study.

Lee M Miller and David W Keith
School of Engineering and Applied Sciences, Harvard University, Cambridge, Mass.

Environmental Research Letters, Volume 13, Number 10, Published 4 October 2018
DOI: 10.1088/1748-9326/aae102

Download original document: “Observation-based solar and wind power capacity factors and power densities

Download Supplemental Figures S1 and S2

See also: Climatic Impacts of Wind Power

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Date added:  October 5, 2018
Economics, Environment, Health, Iowa, WildlifePrint storyE-mail story

Comment to the Iowa Utilities Board

Author:  Swanson, Janna

MidAmerican Energy and all wind companies operating in the state of Iowa are and have been avoiding the regulation of the Iowa Utilities Board. That point of law is being argued in court so I will not address it here. If wind installations did go through the proper approval process of the IUB I do not believe they would be allowed. We are commenting on this docket to have our objection on record.

Proving need

The entire idea that we need industrial wind is political. No one in Iowa is without electricity yet we are covering our state with a vast infrastructure that has little to no regulation. Since the general idea is avoiding CO2 the wind companies should be required to provide a comprehensive overview of how they are accomplishing that. According to Stastista.com mankind globally emits between 35-40 billion tons of CO2 each year. In 2016 the American Wind Energy Association boasted that turbines avoid 159 million metric tons which is far less than 1% of the CO2 emitted by man globally. Weighed against the negative impacts and vast cost of industrial wind this only seems to make sense if you ignore these facts. (I use the word fact loosely when considering AWEA’s numbers because they do not explain how they arrived at their numbers.)

The Midcontinent Independent Systems Operator MISO has reported that reducing CO2 with wind energy costs $237/ton.

Wind turbines cannot supply base load and reliability. We still have all the traditional power plants and transmission lines that we need at any given moment that wind energy is not available. Wind turbines only add power plants, add transmission, add negative impacts and add cost.

Environmental Impact Studies

The issue of environmental impacts has been glazed over because people believe that wind turbines are somehow mitigating Climate Change in such a great way that they are allowed to do anything.

MidAmerican is applying for their first endangered bat and bald eagle take permit in 20 years of having wind turbines. They are saying that they can somehow mitigate the impact of covering 519,937 acres of Iowa land with industrial wind turbines. If MidAmerican is allowed to double to number of turbines and we add the other turbines in Iowa, what the wind industry is asking is to cover at least a 1,500,000 acres of Iowa land in turbines. 1,500,000 acres of Iowa land is equal to 4 full Iowa counties. 4 whole counties worth of land that are no longer safe for birds and bats (or people). MidAmerican downplays the impact by saying that their 21 projects are only estimated to kill 10 bald eagles each year. If they doubled their projects, that is 20 found and documented eagles. If each of those eagles are part of a nesting pair that is now 40-60 eaglets that are at risk of not being born out of the 1700 eaglets reported born in 2016.

Add in the impact of the turbines not owned by MidAmerican and that number can easily be increased to 80-120 bald eagles each and every year from industrial wind alone.

Wind companies like to say that they choose their project areas by careful siting but it is interesting that the “proper” areas and where they have easements always seem to be in the same areas. In this map of a proposed installation in Palo Alto you will see that Invenergy has sited their project at the end of a glacial lake in the Prairie Pothole Region. It is the complete antithesis of “proper siting”.

Bats are also a very important part of our environment. They eat many of our pests that impact our largest economy, farming. A study was done on this subject by the U.S Geological Survey. This chart lists the economic impact on farming from the loss of bats all across the U.S. compiled by the USGS for that same study.

There are places in Iowa where landowners have been told that they cannot have a wind turbine because they have bat habitat so the landowner removes the habitat. Is MidAmerican reporting these landowners or are they just happily building their wind turbines now that the pesky habitat has been removed? This charge can be verified by location if need be.

We must also consider that farm land that is being taken out of production. The state and separate counties have always maintained that we should not take non-renewable farmland out of production for industrial pursuits. Our world class farm ground is irreplaceable. It takes 100’s of years to make even one inch of topsoil. Farm land is ranked by CSR or Corn Suitability Rating. Most wind turbines are situated on land with a high CSR. Turbine construction, crane routes between turbines and access roads all cause compaction that cannot be mitigated by deep ripping. This compaction can easily impact up to 5 acres per turbine. While crops can be grown on compacted soil the yields are reduced dramatically. If Iowa allows 8,000 (doubling the amount we have and bringing us to MidAmerican’s goals) turbines that is 40,000 acres of world class soil irreparably damaged which equals almost the entire footprint of Des Moines. This only does not seem worrisome to people who have never been hungry.

A lawsuit has been filed in Black Hawk County regarding this matter. Case No. CVCV134946 This suit is based on Iowa Code 335.

Turbine blades weighing up to 50,000 pounds per blade are also made out of non-recyclable toxic fiberglass. What landfill will these thousands and thousands of blades end up in?

Informing the people

The Iowa Utilities Board has allowed companies seeking to build wind projects like MidAmerican to take over this role of informing the public of their projects. Industrial wind turbines expect a community to put up with certain negative impacts. Some are spelled out in their own contracts, called Neighbor Agreements they offer to every residence within ½ mile of a wind turbine. One contract reads “to permit Generating Units or other wind energy conversion systems on adjacent property or elsewhere to cast shadows or flicker onto the Owner’s Property; impact view or visual effects from the Owner’s Property; and cause or emit noise, vibration, air turbulence, wake, and electromagnetic and frequency interference”- Invenergy neighbor agreement 2015. I would like them to explain in detail what they mean for the words “vibration, air turbulence and wake”. Some people have fled their homes because of the health impacts industrial wind can have. Big Wind has many studies that say that no one is hurt by industrial wind but Big Tobacco also was supported by many such studies. People need unbiased information or at least both sides much sooner in the process of siting an industrial wind energy installation.

A letter that was written by a colleague to the Minnesota’s Public Utilities Commission talks about the health impacts of those living with industrial wind all over the world. I both know people that wind turbines do not impact and those that they do. We must consider the documentation of those affected.

A docket for objections

The people should have a proper place to voice their objections.

A place for the people to defend themselves

The people should also be afforded the right to defend ourselves, our families, our future generations, our homes, our businesses, our wildlife and our economy. We believe that if we were able to take this to a court of law that we would win overwhelmingly.

In 2016 a group of landowners hired lawyers and expert witnesses in Clinton County Missouri to go head to head with NextEra and all of their lawyers and expert witnesses not in a court of law but using court rules. They agreed on and argued 9 of the 13 easement effects attributed to industrial wind. After 55 hours of testimony the Clinton County 9 member Planning and Zoning Commission unanimously banned industrial wind. This scenario has been played out in different counties across the US.

It is my belief that this is why the wind companies want to avoid the Iowa Utilities Board approval process.

Ratemaking

Iowa’s Rural Electric Co-ops have stated that they will not be building any more industrial wind turbines because the cost is too high. Iowa’s RECs are tax-exempt therefore the tax credits mean nothing to them. The turbines that they have were paid for, 100%, by the people through our taxes.

Only because of the generous subsidies and tax abatements is industrial wind energy viable. Warren Buffett has said it and MidAmerican has even said it in their own applications for ratemaking. Even within this application they talk about using “safe harbor” which will guarantee them 100% of the tax credits if they can show that they have expended 5% of any proposed project’s cost. These loopholes allow MidAmerican to build projects for a continued 4 years with 100% of the 10 year tax credit.

In Oklahoma Invenergy’s Windcatcher Project was rejected by the Texas PUC because they could not prove need and because their bid made assumptions about the future pricing of fuels that could not be supported. MidAmerican’s projects are similar because much of the energy will have to be shipped out of state to make the project work for them.

The only reason that our rates now have not skyrocketed is the $10 Billion in tax credits MidAmerican has freely admitted that they will receive over the average life of their industrial wind energy endeavor. This averages out to roughly $5 million per turbine. They will use our taxpayer money to “generously” not raise our bills. Iowa will be backed into a corner once these tax credits are gone and wind energy becomes once again burdensomely expensive.

MidAmerican has said that these wind turbines will last 30-40 years even though they can show no such proof. That number is pure conjecture. Even now we see that they are repowering machines barely a decade old.

The other expense that we wonder about is the expense of decommissioning. Even if the American people footed the bill on another round of industrial wind we know that existing wind turbines will have to be taken down. Expert engineers such as Tom Wind of Wind Utility Consulting, PC and Tom Hewson, Principal at Energy Ventures Analysis have set that cost at roughly $200,000-$232,207.80 per turbine.

The turbines in Fairbanks, Iowa that have been court ordered to be removed were supposed to have bonds of $150,000 per turbine for decommissioning. MidAmerican has only set aside either nothing (Worth County), about $30,000 per turbine for Palo Alto or $13,000 for Boone County. They say they will sell scrap or parts to offset decommissioning costs but there is no way to know what these prices will be and the report attached takes this into consideration.

I could write a whole other report on the community’s cost for increased transmission. The Rock Island Clean Line (that was also flatly refused by landowners all across the state) would’ve had more transmission poles than the amount of turbines it would’ve serviced. Again, increased transmission equals more damaged tiles, more compacted soil, declines in property values, more eyesores, more threats to wildlife and further decreased efficiency on farms.

MidAmerican also does not take into consideration the cost on the businesses and homes within rural communities. Reports by the wind industry show that property values do not decline but independent reports show that property values (homes and acreages) certainly decline in value. Across the US it is known that people do not wish to live within industrial wind installations. According to Invenergy in the proposed Palo Alto wind installation only 24 homes even participated by accepting a contract and money out of the 268 homes that would be directly impacted. This clearly shows that most people do not want the wind installation. This feeling is what impacts property values. In Apex’s installation in Clay County only 54 of 244 homes directly impacted accepted a contract. In fact the landowners tried to stage a land blockade much like landowners have done in O’Brien County. Most of the people who sign wind turbine contracts will not live next to a wind turbine. Only 5-15% of the people in an area will sign a wind turbine contract. Ida County has a petition of 600 names against adding more turbines. In Richland Township of Sac County the residents report that 87% of the people who have signed wind contracts do not live there. I have spoken to other industrial wind opposition activists, across the globe this formula follows. Ask the wind companies to provide these numbers to you since they are the ones who have it all documented.

Our businesses are suffering as their construction tears up our roads, crushes our tiles and makes aerial spraying inefficient or impossible. So far 519,937 acres of Iowa land have been impacted in this manner by MidAmerican alone.

Most of our Supervisors are NOT listening to the people, they are voting for the money. Their constituents fill their meetings begging them not to allow this like they do in communities across the US and around the world yet NOT ONE Iowa County has adequately protected their citizens.

In Michigan’s Thumb region they are allowed a referendum vote. 18 votes out of 18 votes the people have refused industrial wind. Iowa would be the same if we were allowed a voice.

Vermont has required that wind turbines be no louder than 39 dBA at night, 100 feet from any residence.

Many, many counties in Indiana, Illinois, Minnesota, Missouri, North Dakota, South Dakota, Wisconsin and Nebraska have restricted or outright banned industrial wind. When communities protect their people, wind companies move on.

A widespread ad was narrated by Oklahoma’s Ex-Governor Frank Keating. Gov. Keating allowed the turbines in his state now laments how much of the money that could be used for schools, used for roads is instead going to the wind industry, an industry many of our lawmakers know as a sham industry.

Monopoly

MidAmerican and Alliant have a great deal of political power in Iowa. I have heard this from our legislators, other power companies, from the DOT and even from the Iowa Utilities Board in Sheila Tipton’s open letter to Gov. Branstad. These companies are running roughshod over our communities, over our governments and over our laws. They have not been voted in and they cannot be voted out. They do not have to adhere to the checks and balances that our governments must adhere to.

Even when communities seek to protect themselves MidAmerican has denied them that protection by holding the tax money out like a carrot to local government. This letter from MidAmerican/Invenergy to the Palo Alto Supervisors shows how our Planning and Zoning Board was ignored in favor of protecting MidAmerican’s bottom line. In Kossuth County the newspaper did a poll asking the people if they thought that the Supervisors made the wind ordinance for the people or the wind companies. 90% said the ordinance was made for the wind companies.

Industrial wind is being forced on thousands and thousands of Iowans. We have no power of recall, no power of referendum and even the IUB process has been taken from us. We are having this forced on us because those who don’t have to live with it have been lulled by the propaganda, lulled by the idea that industrial wind is green and free, that landowners “love the payments”.

Iowans have collected together across the state to form the Coalition for Rural Property Rights. We have called legislators, spoken with Gov. Reynolds, met at Senator Ernst’s office from all across the state, filed lawsuits, written letters, put up signs, placed radio ads and placed newspaper ads. We have a comprehensive Facebook page and have held statewide meetings. We are not only connected across the state but across the US and around the world. Even with our vast numbers it is almost impossible to fight against the money behind Warren Buffett, but we are doing it.

We are conservationists and business owners. We are Republican and Democrats. We are Iowa’s rural residents, we are landowners and many of us are farmers. It is difficult by demographic alone for us to fight so we are joining as one voice across Iowa. Most farmers have to rent some if not all of their ground in order to make a living. Some of the absentee landowners who have signed wind easement contracts and have threatened to take their ground from us if we speak up.

We are not against renewable energy or even wind energy. Like everyone else we thought that the concept was stellar until we finally learned what the full price is. We care about OUR environment and these industrial wind turbines are ruining our environment in more way than one.

Across the state people that have spoken up with problems from the turbines are often silenced with settlements or cannot win a lawsuit because they have signed a contract. Our utility companies seek to silence people so that they do not warn other communities.

That is why we demand our day in court. Industrial wind avoids court for a reason.

Conclusion

The wind industry calls us a “vocal minority” but we know our communities. We are the large majority of our rural communities. Industrial wind seeks to ruin the peace of our homes, the beauty of our countryside, our world-class farm ground, the efficiency of our businesses and our wildlife. These projects tear apart our communities and will stunt our economy because it is true that industrial wind does not make money. As Warren Buffett has famously said, "I will do anything that is basically covered >by the law to reduce Berkshire's tax rate," Buffet told an audience in Omaha, Nebraska recently. "For example, on wind energy, we get a tax credit if we build a lot of wind farms. That's the only reason to build them. They don't make sense without the tax credit."

All of these impacts must be considered at the same time. We must not make the decisions based on flimsy polls and MidAmerican’s bottom line. We believe that most people would not support industrial wind if they knew what the thousands and thousands of people within the industrial installations know but many people have been “educated” solely by the wind industry’s political machine.

The future funds that MidAmerican and other utilities have been promised could go to fund a million different good causes but big business is preying on the guilt and the fears of the people to funnel money into their own accounts and we all know it, all to reduce manmade CO2 by less than 1%.

Please deny MidAmerican and the wind industry’s bid to continue the onslaught of rural Iowa.

Thank you for your time.

On behalf of the Coalition for Rural Property Rights, Janna Swanson

October 5, 2018

Ayrshire, Iowa

Coalition for Rural Property Rights board president National Wind Watch board member

Preservation of Rural Iowa Alliance member

Download original document: “MidAmerican’s bid to IUB for ratemaking on Wind XII comment

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