VINALHAVEN/FIW NEIGHBOURS:2011 YEAR -END UPDATE

Dear All:

Here is a review of important events of the past year related to neighbors of the wind turbines on Vinalhaven.
 
Last August, FIWN (Fox Islands Wind Neighbors) appealed in Superior Court against the Maine Department of Environmental Protection (DEP). For two years, neighbors of the Vinalhaven wind turbines fought for restoration of the peace and quiet they used to enjoy.
 
The neighbors sought to obtain compliance on the violation of state noise standards. Fox Islands Wind repeatedly mischaracterized the effort by neighbors who, as a result, endured and continue to endure a well-organized campaign to minimize the troubles and expenses shouldered by neighbors whose property, through no fault of their own, is close to the industrial wind turbines.
 
We are still waiting to learn if Superior Court will provide neighbors with an avenue of judicial appeal. DEP and Fox Islands Wind are objecting, arguing that the 2008 Wind Energy Act provides no legal recourse to plaintiffs. (For a good backgrounder though written in 2010, <a href="http://pinetreewatchdog.org/2010/08/09/wind-power-bandwagon-hits-bu... Pine Tree Watchdog here</a>.)
 
Our suit alleges that the DEP regulatory decision on the Vinalhaven wind turbine noise was politically motivated and, moreover, ignored the recommendations of staff. Some DEP staff members have since been re-assigned or resigned as a result of unprecedented political interference.

The neighbors had diligently worked and invested considerable efforts and money to improve noise evaluation and analysis that the state’s own experts discovered to be deficient. Some Vinalhaven residents think that the neighbors have sued the town or FIW. That is not true. We sued the state of Maine for denying due process; a right every citizen ought to believe is worth protecting.
 
We don't use the term "politically motivated" carelessly: our search of records from the Governor's Office shows Fox Islands Wind imploring the Governor's Office to block DEP staff who had proposed an amendment to the FIW permit allowing for a more equitable way to address the noise issue on Vinalhaven. FIW is entitled to its own opinion, but not its own facts.
 
In October, the Maine BEP recommended lowering the night time noise level to 42 dBA for all new wind turbine projects.  The difficulties on Vinalhaven and other early Maine turbine locations substantially guided the amended policy determination. More recently, Maine's LURC decided that a new wind farm should operate at a night time level of 40 dBA at the nearest property line. Fox Islands Wind operates, in its opinion, at night time 45 decibel level (A weighted) and the daytime 55 dBA limit. Neighbors close to the turbine know that FIW is not sharing data because the turbines continue to run out of compliance.

With respect to the pending matter in Superior Court, Fox Islands Wind, through its attorney Pierce Atwood, writes: “Petitioners (are not) bereft of any remedy as they claim. First they can complain to their town authorities—the ordinary avenue for relief for any other small-scale project.”
 
How a complaint to town authorities would work is not up for debate. Local Vinalhaven selectmen cannot deal with the complexity of the noise issue and will continue to defer in all matters to Fox Islands Wind. Pierce Atwood's attorney adds, “Second, like any other land owner and as to any other project, small or large scale, nothing would foreclose Petitioners from suing for nuisance—if they had reasonable grounds for so complaining under established law.”
 
Offensive as it may be to suggest the neighbors sue for their rights, Pierce Atwood knows that the next step of litigation is much more costly than anything that has come before.
 
In the meantime the wind turbines churn noisily, threatening the health, property values and spirit of an island community. It takes a lot of "greenwashing" to ignore what is happening to property owners near the wind turbines. DEP staff – only months ago—recommended that Fox Islands Wind reach out to neighbors to discuss legitimate grievances and options. The noise continues but FIW is silent.
 
Neighbors on Vinalhaven and some other early turbine locations in Maine like Mars Hill are a “test” for the wind turbine industry. The results of that test are clear—at least so far as wind turbine noise are concerned: if developers can overcome a few unfortunate victims of wind turbine noise, there is money to be made. Many communities in Maine are turning away from industrial wind. Restrictive ordinances approved by Maine citizens on and since Election Day last month include Frankfort, Deer Isle, Caratunk, Peru (Moratorium, not ordinance), Brooksville, Cushing,  and Rumford. Mainers are smart enough to see for themselves what happened here and can think for themselves: eight recent votes on wind power...eight votes against wind power.
 
The neighbors’ case to Superior Court will likely be heard in January or February, 2012. Until that time, interested observers ought to question the claims of how much money has been “saved” by industrial wind power on Vinalhaven. If power prices have been declining, why are utility bill costs going up. We asked FIW for specific detail. No answer. Hopefully other Vinalhaven residents will have better luck finding out why their electric rates have increased so dramatically.

Our best wishes for a happy, healthy and peaceful New Year.

sent by  alan farago

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Comment by MaineHiker on January 1, 2012 at 6:49pm

The whole state should be made aware of what's happening on Vinalhaven. The Maine people need to know how the wind-power industry operates. This is a prime example. The invasion of Maine and it's wilderness by CMP ( Ibedrola of Spain ), Highland Wind LLC and the like should be common knowledge to all. Maine’s media sources could make this opportunity happen.

Comment by Brad Blake on December 31, 2011 at 2:03pm

Alan, thank you for this posting about the travesty on Vinalhaven.  Please know that though you are out on the island, you are never far from the thoughts of mainland people fighting the onslaught of industrial wind power.  We hope you succeed in righting wrongs in 2012.

Comment by alice mckay barnett on December 31, 2011 at 11:27am

Thank You for all updates.  Please keep us informed of what is next and how can we help.

 

Maine as Third World Country:

CMP Transmission Rate Skyrockets 19.6% Due to Wind Power

 

Click here to read how the Maine ratepayer has been sold down the river by the Angus King cabal.

Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT

******** IF LINKS BELOW DON'T WORK, GOOGLE THEM*********

(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/

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Hannah Pingree on the Maine expedited wind law

Hannah Pingree - Director of Maine's Office of Innovation and the Future

"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."

https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/

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