Legal proceedings commenced

Press Release:  APPEC

October 11, 2017   Prince Edward County, Ontario

The Alliance to Protect Prince Edward County (APPEC) has commenced legal proceedings naming the Independent Electricity System Operator (IESO) and WPD White Pines Wind Inc. (WPD) as respondents. APPEC alleges that the Feed-In-Tariff (FIT) contract between the IESO and WPD should have been terminated as soon as it became evident that WPD would be unable or incapable of fulfilling the FIT contract terms.  These FIT contract terms have been made publicly available and are well known.

In 2010, a FIT contract for 60MW wind energy project to be operational within three (3) years was offered by the Ontario Power Authority (now the IESO) to WPD.   The contract allowed for termination if the project was not able to deliver at least 75% of the contracted power. A Renewable Energy Approval (REA) was granted to WPD by the Ministry of the Environment and Climate Change (MOECC) five years later in 2015.   Immediately after the MOECC approval, an appeal was made by APPEC to the Environmental Review Tribunal (ERT). In 2016 the ERT found that the project would cause serious and irreversible harm to the natural environment.  After allowing the proponent an opportunity to propose additional mitigation measures to prevent this harm, the ERT still found it necessary to remove 18 of the 27 wind turbines from the project.  As a result, the project is only permitted to erect nine (9) 2.05 MW turbines which can only fulfill approximately 30% of the original FIT contract requirement, far less than the 75% referred to under the contract.

APPEC has made an application to the Ontario Superior Court of Justice seeking a declaration that the FIT contract for the White Pines Wind Project is null and void and an injunction on any further work on the White Pines Wind project. A hearing on this matter is currently scheduled for November 17th, 2017 at 44 Union Street, Picton, Ontario K0K 2T0 at 10:00 a.m.

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