Category Archives: Property Rights

An argument against wind farms

An eleven-year-old boy spoke to the Chautauqua County Legislature:

“I’ve spent my 11 years on Earth in this town. My parents have worked so hard for the place we have. They’ve made the land that I live on home. And these wind turbines, they’re destroying it. My grandmother was born and lived briefly not even a half mile from where I live right now. I just can’t stand the thought of being forced from my home. And my town – by these windmills. I went out not two mornings ago, and I can’t even find peace and quiet outside without the sound of back-up alarms, bulldozers and cranes. Up on Straight Road there’s a giant crane already and they’re setting one up on Center Road. I don’t want to be forced from my home and I’m sure none of you would want to be forced from yours. Thank you for your time.”

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Next Era selling Ontario Wind & Solar

Beyond words…..

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Wind Turbines Summerhaven project- Haldimand County

NextEra selling Ontario wind & solar assets

NextEra Energy Partners, LP announced that it has entered into a definitive agreement with Canada Pension Plan Investment Board (CPPIB) for the sale of its portfolio of wind and solar generation assets in Ontario, Canada, for a total consideration of about $582.3 million. This includes the net present value of the O&M origination fee, subject to customary working capital and other adjustments, plus the assumption by the purchaser of approximately $689 million USD in existing debt.

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The transaction includes the sale of six fully contracted wind and solar assets with an average contract life of about 16 years.

“We are pleased to reach this agreement with CPPIB for the sale of our Canadian portfolio, which we expect will be accretive to NextEra Energy Partners’ long-term growth,” said Jim Robo, chairman and chief executive officer. “The sale of these assets, at a very attractive 10-year average CAFD yield of 6.6%, including the present value of the O&M origination fee, highlights the underlying strength of the partnership’s renewable portfolio.”

An affiliate of NextEra Energy Resources will continue to operate all of the facilities included in the transaction under a 10-year services agreement with CPPIB.

As discussed during our earnings call in January, we expect the sale of the Canadian portfolio to enable us to recycle capital back into U.S. assets, which benefit from a longer federal income tax shield and a lower effective corporate tax rate, allowing NextEra Energy Partners to retain more CAFD in the future for every $1 invested. We expect to accretively redeploy the proceeds from this transaction to acquire higher-yielding U.S. assets from either third parties or NextEra Energy Resources,” added Robo.

The transaction includes the sale of six fully contracted wind and solar assets, with an average contract life of approximately 16 years and 10-year average CAFD of $38.4 million. Located in Ontario, the portfolio has a combined total generating capacity of approximately 396 MW and consists of:
◾Bluewater, a 59.9-MW wind generating facility;
◾Conestogo, a 22.9-MW wind generating facility;
◾Jericho, a 149-MW wind generating facility;
◾Summerhaven, a 124.4-MW wind generating facility;
◾Moore, a 20-MW solar energy generating facility; and
◾Sombra, a 20-MW solar energy generating facility.

NextEra Energy Partners expects the sale to close during the second quarter of 2018. The transaction is subject to receipt of regulatory approvals and satisfaction of customary closing conditions.

NextEra Energy Partners continues to expect a Dec. 31, 2018, run rate for adjusted EBITDA of $1.00 billion to $1.15 billionand CAFD of $360 million to $400 million, reflecting calendar year 2019 expectations for the forecasted portfolio at year-end 2018.

Citi and CIBC Capital Markets are serving as financial advisors to NextEra Energy, and McCarthy Tétrault LLP and Gowling WLG (Canada) LLP are legal counsel.

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Niagara Wind facing lawsuit

“Two families are taking legal action related to a plume of construction dust from a Niagara Region Wind Farm construction site in 2015 that they say has left them with physical and mental health issues, as well as property damage and monetary losses.”

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Dust spreading from the construction site in 2015 of one of  the 77 Enercon wind turbines that make up the Niagara Region Wind Farm. Photo: Stefanos Karatopis

Scott Rosts|Grimbsy Lincoln News|March 7, 2018

Local families take legal action after turbine construction incident

Claims relate to construction dust in summer of 2015

Two families are taking legal action related to a plume of construction dust from a Niagara Region Wind Farm construction site in 2015 that they say has left them with physical and mental health issues, as well as property damage and monetary losses.

Raymond Sherman and Alexandra Karatopis Sherman, along with their three children, and Stefanos Karatopis — the brother of Alexandra — are named as plaintiffs in court documents that were originally filed last summer, about two years after the July 23, 2015 incident. A list of 25 defendants, including 10 individuals whose identities are unknown, are named in the notice, ranging from stakeholders in the Niagara Region Wind Farm, to construction companies and employees to the Township of West Lincoln and Region of Niagara.

In court documents, the plaintiffs allege workers at the wind farm on Regional Road 20 in West Lincoln were discharging a construction dust which made its way into the house. While the parents were not home, the Sherman children were and the documents allege they had difficulty breathing and their eyes were burning.

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Loyalist Township halts work on Amherst Island industrial wind project

Elliot Ferguson|Kingston Whig-Standard|Friday, February 23, 2018

The company building a wind energy project on Amherst Island has been issued a stop-work order by Loyalist Township.

The order was issued last weekend and was confirmed again in a letter from the township to Windlectric Inc. on Thursday.

Heavy construction vehicles had caused significant damage to haul routes, including deep ruts on South Shore Road, Lower Forty Foot Road and sections of Front Road.

“The ruts from the previous night’s heavy traffic had in fact not been smoothed out by the Windlectric grading crew, and the road surface was a continuous series of deep ruts, which had frozen hard,” township chief administrative officer Robert Maddocks wrote in a letter to Windelectic on Thursday. “These ruts were several inches deep and would be very difficult, if not completely impossible, for a smaller car to pass without significant damage, and potentially a serious safety issue if someone hit them at normal speeds.”

The road use agreement between the company and the municipality allows the township engineer to stop work if damage to the roads leaves them unsafe for the general public to travel upon. The order can be lifted once the roadways are repaired.

“The Township has a legal and moral duty to protect the public and must act accordingly,” Maddocks wrote….

Windlectric  main concern staying on schedule: 

“As you know, we are at a critical stage of the construction progress and any delays to the project construction have a cascading effect”

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What is wrong with our system?

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Mayor Randy Hope poster boy for CANWEA

Letter to Editor|The Chatham Voice| Published February 12, 2018

Sir: Our illustrious mayor spoke on a local radio station recently responding to the opinion poll, in which the number one local concern was wind turbines and water wells concerns. His conclusion, in essence, was that they were not involved except for taking $1,575,000 in taxes from the 450 turbines with an average tax rate of about $3500 each per year.

I wonder how much taxes would be for an industrial plant that would have been built and cost approximately $2 million to build. Did the mayor, council and administration ever think that there might be a cost to this extra income? Did they ever consider using this money to do a thorough investigation of the effect on the aquifer? Did they ever go to see the difficulties experienced by those families living off water tanks, especially in the recent freezing weather?

Apparently, mayor, council and administration for Chatham-Kent are willing to trade rural water wells for that price. The people losing their wells must prove that there is a problem and then the municipality may look at a solution.

The mayor says that they take concerns seriously. That is the exact same B.S. statement made by Premier Wynne when she was in Chatham a couple of months ago and the mayor was looking over her shoulder. No one in government, provincially or municipally, has done anything constructive for years; when the first complaints were lodged in Dover Township in about 2009 and again in 2012.

What is wrong with this story?
If a bank is robbed, does the bank have to find the criminal and prove his guilt? Isn’t that what police do? If you are in a car accident caused by another person, do you have to pursue and prove the guilt of the offender? Isn’t that what police do? For every injustice, there is a third party whose duty it is to find the perpetrator and proof for the case against them. Since these third parties are no longer doing their jobs, are we reverting to the law of the old west?

In the case of the harm done to water wells and the standard of living for those with now contaminated wells, these agencies are not acting in the offended parties’ interests. There are many directions that fingers can point.

The provincial government, with its Green Energy Act, which is being used as an excuse by everyone as a document that overrules every other law in the land. This is not true as the health and safety of the citizens of this province still rule supreme, if our Ministry of Health, and local public health unit would get off their backsides and study health effects of the Kettle Point Black Shale that infiltrated our water wells.

I believe that somewhere in their health education process they were made aware that lead, mercury, arsenic and uranium are not to be used as vitamins. Why have they never run any comprehensive tests to find out what is in the water now and what are the health effects of those contaminants?

The Ministry of Environment and Climate Change is certainly the ministry that is supposed to protect the citizens of this province from anything that environmentally has a negative effect on the enjoyment and use of property, be that by health effects or any other source of irritation. The trouble with the MOECC is that it is the same ministry that issued the permits to build wind farms and are certainly not going to admit that they did not do “due diligence” before issuing these permits. Were there any studies done on possible problems with the style of foundations used in an aquifer sensitive area?

Then we get to our local mayor, council and administration. What have they done other than become shareholders in wind farms? Do they value the rural wells of Chatham-Kent at $1.5 million per year? Are they going to use this money to replace the water supply that has been lost by several known residents in the former Dover and Chatham Townships?

Are there other townships that lost their wells as well, even before the wind companies went to the pile driving method from spread foot of securing foundations? Was our local government blinded by the visions of a cash windfall without any expense?

I still have three questions that I would like to have answered:

~How much money was paid by the wind industry to individuals, political parties and the Ontario government for the privilege of building turbines in Ontario without interference?
~How much money was paid by the wind industry to individuals, and the municipality to become friendly hosts for turbine construction?
~How much money would it take to stop construction and operation of turbines until their negative impact on environment issues, especially water, are properly assessed by an independent party, since our politicians, local and provincial, obviously have not done “due diligence” prior to signing agreements?
Where can these questions be answered? Are elected representatives not supposed to answer to their constituents?

Peter Hensel

Dover Centre

Niagara Wind Being Sued

Construction dust from a wind turbine project in Niagara is behind a $10 million lawsuit

Newstalk 610 CKTB|Bonnie Heslop| January 31, 2018

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Photo Credit: Stephanos K.

Construction dust from a wind turbine project in Niagara is behind a $10 million lawsuit that is making its way through the court system.

St.Ann’s resident Stefanos Karatopis says he was visiting his sister back in 2015 when cement dust from a nearby Wind Farm project blew into the home sending 5 people to hospital.

Karatopis, who is also a member of the Niagara Land Owners Association says the dust was so bad it was hard to return home.

Lawyer Akradi Bouchelev represents Karatopis and says the dust contains very harmful chemicals that can impact a person’s health.

The $10 million dollar personal injury and damage claim has been filed against the Wind Farm, construction companies involved, the Niagara Region, and West Lincoln.

Bouchele says some have filed a statement of defence and some have asked for a delay.

He says the next stage is the examination of discovery.

Construction dust sends family fleeing to ER (Niagara This Week, July 31, 2015)

Scandal! EirGrid in the Crosshairs

~What happens when decisions concerning build out of electricity generation infrastructure has already been decided and public consultation done just for show?

~What happens when new extensions of the grid appear linked to facilitate the rapid and contested build of industrial wind turbines while ignoring cumulative environmental impacts

Members of the RTS Substation Action Group in Ireland  are taking action to protect their communities and have exposed the involvement of  EirGrid.  A huge substation is planned capable of accepting multiple wind facilities to the Irish electrical grid.   A substation that if built could impact clean drinking water for well over 8 000.   

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Ratheniska residents are claiming that they have exposed Eirgrid’s litany of failures and systematic corporate sharp practice. 

The Ratheniska, Timahoe, Spink (RTS) Action Group, when briefing Minister Denis Naughten, made a number of extremely serious allegations, which they backed up with a dossier of painstakingly accumulated evidence: 20170118 – Presentation to Ministers-For Issue

Aside from the long standing issues of site unsuitability, water source destruction and planning process corruption, the RTS Action Group claimed to have unearthed very serious transgressions by Eirgrid’s board of the code of practice for semi state bodies.

The evidence indicated that EirGrid had created “a short cut on the board“.  RTS Action Group explained that four members on the EirGrid Board had formed a “sub-board” and were “filtering information going to the board where they are now rubber stamping projects and funding on the basis of recommendation by this four member sub – board.”

If these allegations prove to be true, and the RTS Action Group are adamant that they are, then this constitutes an extremely serious breach of the code of practice, which should lead to a mass resignation of the EirGrid Board of Directors.

In a statement released after the meeting with the Minister, the RTS Group said:

“The RTS Group believe that Minister Naughten, who was accompanied to meet the delegation by his Cabinet colleague and local TD, Charlie Flanagan, had his eyes opened and was astonished by the import, nature, scope, scale and seriousness of the information being placed before him, for the first time.

This meeting arose from a promise made last June in the Dáil by Minister Naughten to visit the site of Eirgrid’s “unauthorised development” and the community who alerted the authorities to Eirgrid’s illegal building activities.

Our greatest concern is that the construction of Eirgrid’s unnecessary energy hub project will destroy and pollute the very necessary and only source of clean water for not just this community but for 8,000 Laois people. All of the evidence of how Eirgrid have conducted themselves up to now points to this eventuality, and we just can’t allow that to happen.
The political fallout from this semi-state operating with such a cavalier attitude to planning law, sustainable development, professional best practice, and corporate responsibility was that all three local TD’s and all Laois County Councillors were unanimous in calling for Eirgrid to cease the development.

We set out some of the evidence for the Ministers as to how Eirgrid have been deliberately deceiving us, the planning authorities, the other arms of state, and even the Dáil from the very outset of this ill-conceived project. This is not due to a few mistakes, or a few individuals making errors, but systematic deception through every phase of this development from its inception to illegal commencement. This evidence has been collected through in depth research and forensic examination. The community could not rely on what Eirgrid were telling us in the public domain throughout their sham consultation process. This damning dossier has been given to Minister Naughten, who as line Minister is ultimately responsible for Eirgrid, their conduct and corporate transparency and accountability.

The buck stops with him. He is now in full knowledge of the scale and scope of Eirgrid’s deception and disgraceful behaviour, we expect the Minister to reel Eirgrid in, to finally make them accountable for their actions on site and in their boardroom. He must move to scrap the project. On foot of today’s new revelations it is incumbent on the Minster to act, act promptly and decisively”.

The last word goes to the current Minister of Justice, who made the following statement after being briefed by the RTS Group:

“There has been a clear breach of law. The breach is sufficiently serious to abandon the project. I don’t believe there is any way back for EirGrid. They should pack up their machinery and should not come back.”

Source: The Law is My Oyster

White Pines ERT & The People vs IESO & WPD

A call to action!

Your presence is requested in the seats at the upcoming Environmental Review Tribunal hearing against White Pines Wind and circumstances surrounding the IESO contract for the renewable energy approval.

Upcoming Court and ERT dates/times/locations:

APPEC legal action against the Independent Electricity System Operator (IESO) and WPD White Pines Wind Inc. will be heard on January 29, 2018 at the Belleville Court House starting at 2:00 pm.

Additionally, the hearing dates for the APPEC appeal to the Environmental Review Tribunal (ERT) have been confirmed as follows:

Pre-hearing Conference
January 24, 2018 at 10:30 a.m. at the Sophiasburgh Town Hall, 2771 County Road 5, Demorestville.

The purpose of the Pre-hearing Conference is for interested persons who would like speak at the hearing to apply for status either as a Party, a Participant or a Presenter. Please click here if you are interested in finding out more about seeking status at the hearing and click here to view the ERT Notice of Pre-Hearing Conference.

ERT Main Hearing
February 12, 2018 at 10:30 a.m. at the Sophiasburgh Town Hall.

The most effective way of showing the Superior Court and the Tribunal of the level of community concern with the White Pines wind project is with your presence.

Source: Alliance to Protect Prince Edward County

*To confirm dates and venue locations for any changes please contact the Environmental Review Tribunal *

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