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Two Ottawa-area citizens groups file legal action vs Ontario government over wind turbine noise

25 Thursday Jan 2018

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Ontario Environment Ministry sued over failure to protect public from industrial wind turbine noise

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Concerned Citizens of North Stormont leader Margaret Benke, in Finch, Ontario: MOECC revised noise regulations for wind projects, but isn’t making power operators comply

January 25, 2018

NEWS RELEASE

TORONTO, Jan. 25, 2018 /CNW/ – A judicial review application has been filed against the Ministry of the Environment and Climate Change (“MOECC”) in the Divisional Court in Toronto. The application alleges Ontario regulations and directives limit the amount of noise any residence in the province should have to tolerate from a wind project. Modelling is used to predict these impacts.

The MOECC has admitted previous guidelines resulted in underestimates of the noise at nearby homes. However, without any evidence that this was necessary, the MOECC has allowed companies promoting at least five large-scale wind projects to ignore new government guidelines. The result is hundreds of Ontario residents near these planned turbines could be living next to turbines that produce noise out of compliance with government regulations. If these projects, located in various parts of Ontario, were required to comply with the new guidelines, it is estimated up to three-quarters of these turbines would have to be relocated or removed.

“The government knows the modeling done by wind companies is wrong. However, the government now doesn’t require them to follow the proper process. It’s not surprising people from across Ontario are joining together to vigorously oppose this,” said Eric Gillespie, legal counsel for the court applicant.

“We do not take this step lightly,” commented Bonnie Rowe, spokesperson for Dutton Dunwich Opponents of Wind Turbines, applicant in this suit. “But we estimate that these five proposed wind power projects will be out of compliance with noise levels as soon as they go on-line. In the Dutton Dunwich case, the majority of the proposed turbines, will likely produce noise over the MOECC maximum allowable levels. That is just unacceptable, especially to the many citizens living nearby, who will be forced to endure that noise. We appreciate the collaborative efforts in this application, of citizens in the other affected communities in Ontario – North Stormont, La Nation, and Wallaceburg.”

SOURCE Eric K. Gillespie Professional Corporation

For further information: Eric Gillespie, legal counsel, 416-436-7473 (phone/text); Bonnie Rowe, Dutton Dunwich Opponents of Wind Turbines, 519-639-5415 (phone/text); Margaret Benke, Concerned Citizens of North Stormont, 613-558-9236 (phone/text); Julie Leroux, Save the Nation, 613-307-1499 (phone/text); Violet Towell, Wallaceburg Area Wind Concerns, 519-350-1829 (phone/text)

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Wind power: out of phase with consumer demand

11 Wednesday Oct 2017

Posted by in Renewable energy, Uncategorized

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October 11, 2017

 

BelleRiverAug20

Turbines at the 100-megawatt Samsung Belle River power plant–power when we don’t need it

Friday October 6th, 2017 was a work day just before the Thanksgiving weekend. At 10 AM that morning, Ontario’s electricity ratepayers had much to be thankful for. Power generation from wind amounted to just 27 MWh, but that 27 MWh wasn’t really needed as nuclear, hydro and a little gas were providing all the power we needed.  And, both hydro and gas were capable of producing lots more if Ontario demand required it.

The hourly Ontario energy price (HOEP) during that hour was $13.50/MWh (megawatt hour) so the value of the 27 MWh that wind produced in that hour cost ratepayers about $365.

Two days later, Thanksgiving Sunday was a different story: at 3 AM wind power was working in the night, generating 1,145 MWh with another 2,797 MWh curtailed (wasted, held back, not added to the grid). Ontario’s ratepayers were paying $135/MWh for the grid-accepted wind and $120/MWh for the curtailed wind.

The HOEP was a negative $3/MWh so the grid-delivered wind was costing ratepayers $415.95/MWh or 41.6 cents/kWh! In total, that one hour cost ratepayers $476,274 for unneeded generation. On top of that, because Ontario demand for power was low (most of us were fast asleep so the LED lights were out), Bruce nuclear was steaming off excess generation (we pay for that), OPG was probably spilling water (we also pay for that), and we were exporting 2,802 MWh to Michigan, New York and Quebec and picking up the $3/MWh cost.

So, comparing the two hours suggests we didn’t need wind generation on October 6th during a business day and we didn’t need it on October 8th in the middle of the night!

This is more proof that wind power is produced out of sync with demand.

The time has come to stop all contracting for additional wind generation and to cancel any that are not under construction.

Parker Gallant

Wind Concerns Ontario

Re-posted from http://www.windconcernsontario.ca

Cornwall MOECC office unresponsive on wind turbine noise reports

04 Monday Sep 2017

Posted by in Ottawa, Uncategorized, Wind power

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North Stormont residents concerned that no one will look out for them if new 100-megawatt power project is approved

(Re-posted from Wind Concerns Ontario)

This past spring, Wind Concerns Ontario conducted an analysis of Ministry of the Environment and Climate Change (MOECC) response to reports of excessive noise and vibration(MOECC) and concluded the process for responding to citizen complaints is deeply flawed and largely ineffective. Global News ran a two-part investigative report on this information, which featured Ontario families who have been complaining about turbine noise for years, with no resolution.

More documents recently released under Freedom of Information (FOI) and correspondence with Ministry staff reveal problems with the Cornwall office that are further examples of a poor strategy for response. The documents and email also are a clear indication that the MOECC has completely abdicated its role as a regulator, and leaves resolution of any problems up to corporate wind power developers.

The Cornwall office up to now has only had to deal with any reports of excessive noise stemming from the 30-megawatt South Branch power project in and around Brinston, Ontario. Documents show that noise complaints were made even before the project began commercial operation in March, 2014.

No report number means no records?

Our initial request for information resulted in three records, which did not match Wind Concerns Ontario members’ experiences with this power project. It turned out, the Cornwall office had not been giving Incident Report numbers to people reporting, as is procedure, so their complaints were not recorded or tracked. On the advice of insider, we re-filed a request, this time asking for “investigative” reports and received  and handful — again, at odds with our members’ real-life experiences–was turned over.

In the records was an email from the Senior Environmental Officer to the power developer EDP Renewables, in which the MOECC staff member actually apologizes for passing along a complaint. [Emphasis ours]

Tuesday July 22, 2014

Hi Ken [Ken Little , EDPR project manager for South Branch]

Sorry about this …

I received a noise complaint last week –not specific to any particular time last week, but a complaint of noise when the winds are from the west or south west. The resident lives [redacted] and is bothered by the noise from the turbine [redacted] The caller stated he cannot open his winds when the winds are from that particular direction due to the noise. …

Do you have any acoustic results for that specific turbine yet?

Excerpts from other complaints

May, 2014: There have been several nights when I am awakened with the window closed. I shudder to think of having the windows open all the time now …

March 20, 2014: I have had several sleepless nights when the wind is in the east direction as the sound waves of the turbines kept me awake from 12:30 a.m. or 2:30 a.m. until morning. [Redacted] Is there any way we can control the wind turbine motion for daytime hours only as [sic] they do not run from 10:00 p.m. until 6:00 a.m.?

And, in one actual Incident Report:

June, 2014 IR 5006-9KYK5D: ..caller report last night was the 7th night since start-up of wind turbines as SBWF that she has been unable to sleep for the noise …Noise is described as drone of an airplane — very loud with windows closed.

MOECC noted: “acoustic monitoring conducted by tech support July 14-18 2014, report under review with noise engineer”

This summer, a Brinston area resident wrote to Minister Murray about the complete lack of response to her reports of excessive noise (she has had to sleep in her basement on occasion because of the noise and vibration), and an officer with the Cornwall Office telephoned her.

Here’s what she was told.

*Ministry staff were completely unprepared for wind turbine noise complaints.

*They still don’t really know what to do.

*They “lost” her records — even though she had so many reports that the MOECC actually installed equipment and did noise measurement for several days.

*Last, it was too bad they lost everything pertaining to her situation and reports but it didn’t really matter, she was told because “You’re the only one complaining.”

“Lost” records? Citizen complaints under the regulations “don’t matter”? And she was “the only one”, which is completely false?

Outrageous behavior for a regulator

Wind Concerns Ontario wrote a letter to new MOECC Minister Ballard, stating “This is outrageous treatment of a citizen of Ontario, who is simply following the process communicated to her by both the Government of Ontario and the wind power developer, who is mandated under its Renewable Energy Approval to act on and resolve any complaints of excessive noise.”

Moreover, WCO noted in its letter to the Minister, the Cornwall office is not ensuring compliance to conditions of the Renewable Energy Approval, specifically results of the compliance audit, which must be posted on the wind power project website, but are not. The response from the Cornwall Office (August 10, 2017):

“Copies of the acoustic audits can be obtained from the Ministry of Environment and Climate Change through a Freedom of Information (FOI) request.  I haven’t had a chance to check, but some reports have been included in the SBWF website– I assume you’ve already checked there.  Let me know if you are interested in pursuing an FOI request and I’ll direct you to the form and process.”

When WCO responded that the report is supposed to be public as per the protocol released by the MOECC in April 2017, the Senior Environmental Officer replies [emphasis ours] on August 10, 2017:

“Ah…I haven’t had a chance to review this new protocol in its entirety…there are some changes worth noting.  Thank you for bringing my attention to this.  I will be requiring the SBWF to post their reports on their website.  I’ll keep you apprised.

“This is completely inappropriate behaviour for a regulator,” WCO president Jane Wilson wrote to Minister Ballard.

“The people of this particular area are now facing approval of a 100-megawatt power project by the same developer, this one close to TWO communities,*  and they have no assurance whatsoever that the Cornwall District Office is prepared, or even competent, to respond effectively to noise complaints.

“On behalf of our members, we ask that you investigate this situation. Government staff should be prepared to fulfill the department’s mandate, and carry out their responsibilities to the people of Ontario.”

As of September 4, 2017, the mandated compliance report is still not on the South Branch Wind Farm website.

 ****UPDATE****

The MOECC informed Wind Concerns Ontario that the documents filed for a noise compliance audit by EDP are “incomplete” and therefore cannot be posted.

South Branch is now in the same position as every other wind power project in Ontario — there is no valid audit to confirm compliance with noise regulations.

See the letter to Minister Ballard here: August28LetterMinisterBallardCornwalDO

Contact the Concerned Citizens of North Stormont here.

Read WCO’s report on noise response by the Ministry 2006-2014 here: NoiseResponseReport-FINAL-May9

Wind power is 70% useless in Ontario: economics report

23 Friday Jun 2017

Posted by in Renewable energy, Uncategorized, Wind power

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All that despoliation of Ontario communities, agricultural land and the natural environment for … what? Expensive power produced out of phase with demand, says Marc Brouillette

In a stunning commentary published yesterday by the Council for Clean and Reliable Energy, energy policy consultant Marc Brouilette says that Ontario’s wind power program is an expensive adventure that does not achieve any of its goals for the environment or economic prosperity, and is in fact, making things worse.

At a cost of $1.5 billion in 2015, Brouillette says, the fact that wind power generation is completely out of sync with demand in Ontario results in added costs for constrained generation form other sources. Constrained nuclear and hydro cost $300 million that year, and a further $200 million in costs was incurred due to “avoided” natural gas generation.

And, the power isn’t even getting to the people who need it. “[O]nly one-half of total provincial wind output makes it to the Central Region and the GTA where most of Ontario’s electricity demand exists,” Brouillette states.

All things considered, wind costs more than $410 per megawatt hour, which is four times the average cost of electricity in Ontario. This is being charged to Ontario’s electricity customers, at an increasing rate.

Ontario should reconsider its commitment to more wind, Brouillette concludes: “these challenges will increase if Ontario proceeds to double wind capacity to the projected ~6,500 MW.”

Reposted from Wind Concerns Ontario windconcernsontario.ca

Fix the root problems energy analyst says

12 Sunday Feb 2017

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This past week, Zoomer Media hosted a panel discussion on Ontario’s growing electricity rates which the media organization (affiliated with the Canadian Association of Retired Persons/CARP) says is adversely affecting seniors and others on fixed incomes.

Watch the hour-long presentation here:

http://www.thezoomertv.com/videos/hydro-rates/

Energy analyst Tom Adams was one of the panel members, who called on the government to rescind the Green Energy Act, which he says is at the core of the problems today. Wind power produces only 6 percent of the Ontario supply, he said, but at 30 percent of the cost.

Wind: 6% of the power for 30% of the costs

Wind: 6% of the power for 30% of the costs

McMaster University professor Marvin Ryder agreed that expensive contracts were a problem but he said the damage has been done, and it will be 10 years before Ontario can climb out of the hole.

NDP leader Andrea Horwath said she still supports the Green Energy Act, but suggested creating subsidies for everyone having problems paying their electricity bills. (The cost of that would be …. added to the bills…)

The Ontario government awarded five contracts for new wind power generation in 2016, including two in the Ottawa area. The cost of these projects is about $1.3 billion. If the projects proceed (they do not yet have Renewable Energy Approvals/REA), the cost will be a further addition to Ontario electricity ratepayers’ bills.

theZoomer: Television For Boomers With Zip!

MPP MacLeod to host pre-budget energy events

03 Friday Feb 2017

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MPP Lisa MacLeod will be holding two pre-budget consultations on energy issues, the first of which is scheduled for:

Thursday, February 23,  7-9 PM

Alfred Taylor Centre

2300 Community Way, North Gower

Special guest will be Parker Gallant. Mr Gallant’s commentary on energy issues is regularly published in The Financial Post and other media; he is a former international banker and vice-president at Toronto Dominion Bank. He is vice-president of Wind Concerns Ontario.

Parker Gallant

Parker Gallant

 

The second event will be in early March, location TBA.

You can read Parker Gallant’s commentary on his blog, Parker Gallant Energy Perspectives

Open House in Finch December 13

12 Monday Dec 2016

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Wind power developer EDP Renewables, based in Portugal, will be holding an Open House information session on the 100-megawatt, 30+-turbine, $430-million wind power development they have called “Nation Rise” on December 13 in the arena in Finch.

Last week, MPPs Jim McDonell and Grant Crack took letters and petitions containing more than 1200 signatures from citizens of North Stormont and Nation Twp to the Legislature at Queen’s Park, demanding that the contracts for the two Ottawa-area power projects be cancelled.

The Open House information sessions are typically just poster sessions with developer staff available to answer any questions.

The site plan for the project has not yet been made available although proposed turbine locations are usually part of the application to the IESO for a power contract. The lack of a site plan means there are community members who may yet be unaware that they will have an industrial-scale wind turbine generating power near them.

Wind turbines emit a wide range of noise including low-frequency or inaudible noise which has been linked to adverse health effects. Wind turbines have also been implicated in disturbances to the water table and drinking water (Dover Twp, Ontario) via seismic vibration, and wind turbines are responsible for the deaths of migratory birds and endangered species of bats.

A few weeks ago, Ontario Premier Kathleen Wynne admitted that her government’s electricity policies have been “a mistake” and that they need to work to get consumer bills down. Last week, Energy Minister Glenn Thibeault admitted that an “arbitrary” choice of wind power as a source of power generation had led to “sub-optimal siting” and community concerns.

The Nation Rise power project will cost Ontario as much as $430 million over the 20-year life of the contract.

The Open House will be held from 3:30-7:30 PM.

EDP wind turbine and home at South Branch project, Brinston, Ontario. Photo by Ray Pilon.

EDP wind turbine and home at South Branch project, Brinston, Ontario. Photo by Ray Pilon.

Power developer to hold open house Tuesday on North Stormont wind farm

22 Saturday Oct 2016

Posted by in Renewable energy, Uncategorized, Wind power

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EDP wind turbine and home at South Branch project, Brinston, Ontario. Photo by Ray Pilon.

EDP wind turbine and home at South Branch project, Brinston, Ontario. Photo by Ray Pilon.

October 21, 2016

Portugal-based power developer EDP Renewables is holding an Open House for its Nation Rise wind power project on Tuesday, October 25, from 4-8 PM in Finch Ontario, at the Finch arena.

The 100-megawatt power project is located completely in the Township of North Stormont; it was one of five to receive a contract from the Independent Electricity System Operator (IESO) earlier this year, and one of three projects to win a contract despite being proposed in an unwilling host community.

The contract is worth $436 million over 20 years.

In September, the IESO announced that Ontario has a surplus of power and that the new contract process scheduled for 2017 is now suspended. The IESO did not announce plans to cancel any of the contracts for more unneeded wind power announced a few months previous, despite IESO representative statements that the contracts are contributing to Ontario’s electricity bills.

Citizens of the area have formed a community group Concerned Citizens of North Stormont, and vowed to fight approval of the project, including legal action in future if necessary.

South Dundas councillors and staff, spokesmen from EDP Renewables and local residents chat about the proposed South Branch Wind Farm II project during an open house Aug. 5, 2015 at Matilda Hall in Dixons Corners. (Cornwall Newswatch/Bill Kingston)

People gather at EDP Renewables open house in August, 2015

Related news story.

 

Ottawa to Wynne government: municipal support must be mandatory requirement in new wind power contract bids

11 Wednesday May 2016

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Ottawa City Council has endorsed a motion put forward by the Chair of the Agricultural and Rural Affairs Committee (ARAC), Councillor Scott Moffatt, requesting that the province make municipal support a mandatory requirement of any bids for wind power contracts.

Ottawa is the second largest city in the province of Ontario.

Council previously passed a motion in 2013, asking for more meaningful input to the power contracting process; this followed a citizen “referendum” by a majority of residents in North Gower and Richmond, stating they were unwilling hosts to a proposed wind power development, that would have resulted in hundreds of families being within a few kilometres of huge wind turbines.

As of May 11, 45 Ontario municipalities have passed resolutions at Council, requesting that municipal support be a mandatory requirement in any new wind power contract bids. In the last round of contract bids, three of the five communities where power developers obtained contracts had designated themselves unwilling hosts to wind power projects. That includes Dutton Dunwich, near London, Ontario, which held a formal referendum — 84% of residents said “no” to a proposed power project.

In March of this year, Energy Minister Bob Chiarelli said it would be “virtually impossible” for any company to get a contract in a community that did not support the proposed power project.

The Ottawa motion is as follows. An unofficial record of the vote is posted here.

COMMITTEE RECOMMENDATIONS

That Council:
1.         Ask the Province of Ontario to make the necessary legislative and/or regulatory changes to provide municipalities with a substantive and meaningful role in siting wind power projects and that the “Municipal Support Resolution” becomes a mandatory requirement in the IESO (Independent Electricity System Operator) process.
2.            Forward this resolution to the Chair of the Board and President of IESO (Independent Electricity System Operator), the Minister of Energy, AMO (Association of Municipalities of Ontario), ROMA (Rural Ontario Municipal Association) and all municipalities, within the Province.

 

 

St Isidore residents fear Wynne government will approve second wind farm

24 Thursday Mar 2016

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Smaller project gets the nod in unwilling host communities 2016, while larger power project simply has to resubmit

No community support for greed in Nation Twp [Photo: Ontario Farmer]

No community support for greed in Nation Twp [Photo: Ontario Farmer]

Province okays more wind farms

Ontario Farmer, March 22, 2016 (excerpted)

By Ian Cumming

Sixteen new green energy projects across Ontario, five of them wind turbines and 11 solar farms, were approved by the provincial government on March 10th.

The largest project at 100,000 MW [Editor’s note: this is incorrect–the project is 100 megawatts or 100,000 kilowatts], with the next largest project at 54,000 MW [Editor: 54 MW] was approved for windmills in North Stormont in Eastern Ontario.

That will mean 35 to 50 windmills, depending on their size, says North Stormont mayor Dennis Fife.

They are slated to be hilt about one kilometer west of Finch and head north, just west of Berwick and Chrysler [Crysler], said Fife. For those visiting last fall’s plowing match in North Stormont, the southern end of the project will be about where the event was held.

“We don’t know the farmers who signed the leases,” said Fife.

Being picked was a surprise since the Premier and area MPPs had publicly assured them that no such project would be “forced” on areas such as his, that had declared at council that they were “unwilling hosts,” said Fife.

…

Wind Concerns Ontario noted in a press release that four of the five windmill projects approved for this round were slated for municipalities that had declared themselves “unwilling hosts.”

WCO also predicted that the windmills just approved under this round will cost consumers $1.3 billion over the next 20 years.

..In nearby St Bernardine, windmills were approved for the 32,000 MW [Correction:32 MW] Gauthier Project in this round, but the adjoining proposal in the same county of over 100,000 MW [Correction:100 MW] in St. Isidore was not approved.

However, a day after the announcement Steve Dick, who had helped lead the massive protest against both projects in his county, was not celebrating.

“We’re a pretty disheartened group right now,” he said. “They pretty much steam-rolled over the township.”

Since the Gauthier project was approved, the wiring infrastructure they neded to install will be dovetailing, as planned, with the soon-to-be-approved St. Isidore project, he predicted.

[Editor’s note: Sorry, this article is not available online. We object to the use of the term ‘windmill’s–these machines are industrial- or utility-scale wind turbines that are used to generate power.]