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Tag Archives: wind farm leaseholders

$70-million charge on Brinston farm titles for wind farm

28 Tuesday Apr 2015

Posted by Ottawa Wind Concerns in Ottawa, Renewable energy, Wind power

≈ 10 Comments

Tags

Brinston, Charge of Lease, demand debenture, leasing land for wind turbines, Prowind, South Dundas, Stormont Dundas and Glengarry, wind farm, wind farm financing, wind farm leaseholders, wind farm leases, wind power, wind turbines

 

Construction of one of the 3-MW turbines at Brinston--30-50 more proposed by EDP Renewables

Construction of one of the 3-MW turbines at Brinston, now operating–30-50 more proposed by EDP Renewables

Ottawa Wind Concerns has learned that a “Charge of Lease” has been placed on the South Branch wind “farm” in the amount of $70 million. The charge is on the leasehold interest in five properties, where property owners have leased land for wind turbines, access roads, substations, and other parts of the wind power generation project.

Earlier this month, details came to light on the 140-turbine K-2 project near Goderich, Ontario, where a charge of lease has been filed on the title for 100 farm properties, in the amount of $1 billion.

The Charge of Lease is basically a financing agreement between a lender (who may represent investors in the wind power project) and the wind power developer, that can function as a line of credit. The basis for the Charge, as we understand it, is that the present value of the contract for the turbines, i.e., the Feed In Tariff contract for power with the Province of Ontario is greater than the present value of the lease agreements with the landowners; the difference between those two values is the security for the loan.

The South Branch contract with the Ontario government runs for 20 years and is worth millions to the developer, who bought the project from Germany-based Prowind.

The importance of the existence of these agreements is the effect they have for the landowner leasing land for the wind turbines. In the opinion of a lawyer advising us (who prefers the term “Demand Debenture” for this arrangement:

It’s not so much that the farmer lessors might on default lose their land (the land itself is not mortgaged, just the turbine contract on that land) but the damage it does to that farmer if he/she wants to sell or to renew an existing mortgage, or place a new one or in any way borrow money for which the lender would want security on his/her land.

Assume a binding Agreement of Purchase and Sale. The lawyer for the purchaser does a title search and discovers the Demand Debenture. The lawyer would immediately tell his/her client that the client is entitled to get out of the deal unless the registration of the Demand Debenture is removed from title, and would also insist to the farmer’s lawyer that this be done otherwise the deal cannot close. A purchaser is not expected to assume any risk of this nature nor to be in the position of “buying a law suit”.

in the case of renewing an existing mortgage or placing a new one, the lawyer for the Bank or other lending institution would take the same position – no renewal or new mortgage unless the customer sees to it that the Demand Debenture disappears from title. Period. End of story.

This is another example of the very serious questions that need to be asked by anyone considering leasing their land for a wind power generation project. There are many serious and long-lasting effects to signing these agreements that need to be properly understood.

In 2013, the Not A Willing Host group of municipalities met in Ottawa at the Association of Municipalities of Ontario convention. At that meeting, one Ontario mayor said, What people need to understand is that basically, they sold their property for the amount of the lease agreement.

** Please see also, the article from the May 5th edition of Ontario Farmer on the charge of lease issue, here.

When wind farms fail, farm owners can be liable

21 Wednesday Jan 2015

Posted by Ottawa Wind Concerns in Renewable energy, Wind power

≈ 1 Comment

Tags

community wind farms, wind farm, wind farm bankruptcy, wind farm leaseholders, wind farm leases, wind power, wind power bankruptcy, wind power scam

This should be shared with anyone you know who owns agricultural acreage and might consider a wind turbine lease…

More Wind Power Outfits Go Bust: “Farmer-Investors” Lose their Shirts in the US

January 21, 2015 by stopthesethings 5 Comments

american-farmer-425x282

In Australia, the wind industry is in total melt-down, with many of its “BIG” players on the brink of financial collapse.

And the dreadful “uncertainty” about the willingness of governments to continue fleecing power consumers and taxpayers – in order to keep throwing massive subsidies at the greatest rort of all time (which, on the wind industry’s pitch will be needed until kingdom come) – has resulted in the collapse of more than 120 wind industry suppliers in the past two years, “including 88 from Asia, 23 from Europe and 18 from North America” (see our post here).

In Germany – despite the fact the the wind industry there has pocketed the lion’s share of at “least half a trillion € in subsidies” – German investors are taking a flogging: “37 percent of wind farms are losing investors’ money” and “two thirds are in deficit or just about cover their running costs” (see our post here).

Around the world, wind farm investors are being fleeced by the same types of hucksters and weasels that run outfits like near-bankrupt Infigen (aka Babcock and Brown); and the smarmy gits that set up so-called “community wind farms” – praying on greed and gullibility in their efforts to pocket $billions in REC Tax/Subsidies.

The scam is the same the world over: pitch numbers that show returns that are too good to be true (they are) and watch the suckers beat a path to your door: greed trumps common sense often enough.

As PT Barnum said: “every crowd has a silver lining” – an adage put to great effect by wholesale fraudsters like Bernie Madoff in scams often tagged “Ponzi” schemes; named after Charles Ponzi – who would have taken to the wind industry like a duck to water.

Madoff – who ended up with a 150 year stretch in stir for his share-market shenanigans – would, no doubt, be pleased to know that the wind industry has followed his “model” and is keeping the Ponzi “dream” alive.

Wind power outfits routinely base their expected returns on pumped up wind forecasts – thereby way overstating their anticipated gross returns (see our posts here and here and here and here).

While, at the same time, lying about their true operating costs (see our post here), which start to tack up pretty quickly when it’s revealed that turbines last less than half the time claimed: with an ‘economic’ lifespan of 10-12 years, as opposed to the 25 years wildly claimed by fan makers (see our posts here and here).

Or, in the case of top-flight German manufacturer, Siemens – less than 2 years – one of it’s latest batches required wholesale blade and bearing replacement, starting almost as soon as they cranked them into gear (seeour post here) – Siemens blaming “harsh weather conditions both onshore and offshore” – as if its fans had been designed to run inside aircraft hangars ….

Like all inevitable financial collapses, the dread-disease is spreading fast: a bunch of Minnesota farmers have just lost their shirts – having thrown their hard-earned at a pair of wind power outfits that have just hit the wall; and gone completely ‘belly-up’ on the prairie.

Owners of two Minnesota wind farms file for bankruptcy court protection
Star Tribune
David Shaffer
7 January 2015

Power to people on the prairie — it’s the idea, born in Minnesota, that farmers should own some of the wind turbines spinning above their fields.

But that idea has turned into a financial loser for about 360 farmers and other landowners who invested in two small wind farms more than a decade ago near Luverne, Minn., in the windy southwest corner of the state.

The companies that collectively own the two Minwind Energy projects filed for reorganization this week in U.S. Bankruptcy Court in Minnesota. The owners stand to lose their investment, and the wind farms eventually may have to shut down, according to regulatory filings.

It is the first of the state’s approximately 100 operating wind power projects to seek bankruptcy protection, and the case is raising questions about whether the small-scale wind farm model still works in an era of ever-larger wind-generating projects.

“The wind business is not for the faint of heart,” Beth Soholt, director of the St. Paul-based trade group Wind on the Wires, said in an interview. “These are big energy facilities … It is a long-term contract with utilities that expect you to produce. A lot of things can go wrong.”

The Minwind wind farms, with 11 turbines that went on line in 2002 and 2004, made a profit until 2012, and are still operating, according to its financial reports. The electricity is sold to Minneapolis-based Xcel Energy and Cedar Rapids, Iowa-based Alliant Energy under long-term deals. Some of Minwind’s power is fed into a giant battery built by Xcel near Luverne to store electricity for when the wind doesn’t blow.

Minwind has told federal regulators that the turbines have needed extensive repairs, including main bearings, and the company no longer can afford the upkeep. To make things worse, Minwind got into a jam with the Federal Energy Regulatory Commission for not filing certain paperwork since 2006. The result is a $1.9 million regulatory liability that has left a potential buyer uneasy about signing a deal to acquire the wind farms.

Minwind’s attorneys have told the government that the owners were “unsophisticated” in regulatory matters, and should be excused from the filing lapse. Some of the owners also had invested in the former Agri-Energy ethanol plant in Luverne, which was sold in 2010 to another biofuel company.

“None of the owners has had any experience in the power sector, except through ownership and operation of the facilities,” the company’s Washington-based legal team led by Margaret Moore said in a regulatory filing.

But federal regulators didn’t buy the lack-of-sophistication argument. Indeed, the company led by President Mark Willers, Luverne businessman and farmer, has long been credited with creating an innovative business structure with nine separate limited-liability companies allowing investors to take advantage of federal wind energy tax credits, a now-discontinued state assistance program for small wind projects and USDA grants.

Willers declined to comment in detail, but acknowledged that the company was tripped up by a rule change that FERC made eight years ago — a time when the company didn’t have a Washington attorney on retainer to watch for such things.

In its bankruptcy case, the Minwind companies filed for reorganization, a process that allows companies to shed liabilities. That potentially could clear the way for a sale to a turbine repair company. Under a proposed deal, the wind farms would be sold for the cost of the remaining debt with no additional return to investors, Moore told regulators.

It is unclear how much individual investors will lose.

State support for small wind

Minnesota has long supported community-owned wind farms, and more than 30 of them have been built, according to state data. Most have less than 20 turbines, a fraction of the size of large wind farms built by major energy developers.

Soholt of Wind on the Wires said there have been long-standing concerns about whether small, community-owned wind farms have set aside enough funds to maintain wind generators for the typical 25-year operating agreements. But she said Minwind’s case is the first she heard of a small wind power company facing those troubles.

Michael Bull, who had a top state energy post during the Pawlenty administration, said that in the mid-2000s, Minnesota policy on small wind farms changed. The direct state subsidies ended, and state officials paid more attention to whether small companies could sustain the long-term maintenance needs of wind farms.

“My sense is that the industry got pretty sophisticated — a lot of more sophisticated as the projects got larger,” said Bull, who is now policy and communications director for the Center for Energy and Environment, a nonprofit that promotes energy efficiency.

Carol Overland, a utility attorney based in Red Wing, Minn., who was not involved in Minwind, said it’s possible that other small wind power producers could get caught in similar regulatory, maintenance and financial struggles as the Luverne-area wind farms.

“Small wind development is a good thing, but it developed in Minnesota in a way that was not in the public interest or the interest of the people developing it,” said Overland, who has challenged transmission and wind power projects on behalf of affected landowners.
Star Tribune

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