BDN and PPH Articles On First Wind/SunEdison Bowers Defeat

Mr. Byrne has written a very cleverly slanted article. According to First Wind's own press release, the Bowers project was not part of the sale to Sun Edison. Maybe they weren't as confident as First Wind that it would ever receive a permit?

Mr. Byrne writes "The project would have brought 16 wind turbines, generating 48 megawattsof electricity, to an area already designated for wind power generation." Baloney! The only way it could generate 48MW was if it operated at 100% 24/7/365. Typically First Wind's projects deliver at only 25% of capacity. Furthermore, the area was not "designated for wind power generation". The Wind Energy Act designated that a wind project proposed for this area should receive expedited permitting review and it did.

Mr. Byrne writes "At issue was whether the turbines would impinge on the scenic views from nine nearby lakes. Regulators had to weigh two competing aspects of state law: a developer’s right to build a wind farm in a designated zone, and the public’s right to enjoy views unmarred by turbine blades."Double Baloney! As the decision clearly states, it was not about "impinging on views", it was about whether the project would have an unreasonable adverse effect on the scenic character or existing uses related to scenic character of the resources. And do developers in Maine really have a RIGHT to build a wind project? If they did they would not need permits. What they have is the right to submit an application for consideration and have that application evaluated against Maine's laws and statutes.

He also reports that "Sun Edison’s original application called for a larger project, with 27 turbines, but the company withdrew that application in favor of the
smaller version." Absolutely untrue. First Wind's original application was presented to LURC. Following several months of study and three days of public hearings LURC Commissioners decided unanimously that the project could not satisfy the scenic impact statute and denied the permit. By a quirk of fate, responsibility for wind applications was subsequently passed from LURC to DEP which allowed First Wind another bite at the apple. There was no smaller version of the project until LURC had denied the permit, and First Wind was forced to reduce the number of turbines in order to submit the application to DEP. Like LURC, after months of study and a public hearing, DEP reached the same exact conclusion as LURC and denied the project a permit. First Wind then appealed the decision to BEP which agreed with both L:URC and DEP: this is no place to put a wind project.

First Wind's last resort was to appeal to the Supreme Court. History was made today by the Court. The Court very correctly applied the law and decided that this wind project's adverse impact was too great for the people of Maine to allow it. The site chosen for the project is too sensitive and too valuable to Maine to allow a wind project to be built there.

Bravo to the Court and Bravo to PPDLW!