Everpower and Iberdrola ask you to speak up!

BigWind is asking you and your neighbors to speak up if you are being adversely affected by their sky high industrial machines. Please share with your friends and family. (Both originally appeared on lovely company letterhead with signatures which would not copy)…

 

Senator William Seitz Statehouse Columbus, OH 43215

February 5, 2014 Senator Seitz:

I am writing in response to your letter of January 30, 2014 to Dayna Baird Payne regarding confidentiality provisions contained in wind energy lease agreements.

EverPower Wind Holdings, Inc. is the parent company of Buckeye Wind LLC, Champaign Wind LLC and Hardin Wind LLC. Buckeye Wind LLC and Champaign Wind LLC hold certificates from the Ohio Power Siting Board to build and operate wind farms in Ohio. A certificate application for Hardin Wind LLC is pending. The confidentiality provisions in the land lease agreements associated with all three project companies are intended to protect sensitive business information. As your letter of January 30 acknowledges, we believe that protection of certain financial, operational and other proprietary information is appropriate for any business endeavor. 

There is nothing in our leases, nor is it the intent of our leases, to restrict a landowner’s ability or right to participate in hearings related to Senate Bill 34 or any other bill proposed by your committee or any other committee. The confidentiality of sensitive business information, however, should be maintained.

We consider landowners and the communities as a whole to be partners and stakeholders in our projects. We encourage and support public participation through a variety of approaches, including direct contact with the company or through testimony at legislative hearings.

Sincerely,

Michael Speerschneider
Chief Permitting and Public Policy Officer

Cc:
All members of the Ohio Senate
Dennis Hetzel, Ohio Newspaper Association Wayne Struble
Chairman Todd Snitchler
Kim Wissman, Ohio Power Siting Board Representative Peter Stautberg 

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Senator William Seitz Statehouse Columbus, OH 43215

February 4, 2014

Dear Senator Seitz,

I write in response to your letter of January 30, 2014 to Dayna Baird Paine regarding the confidentiality provisions contained in our Wind Energy LeaseAgreement

As you acknowledge in your letter, we have a legitimate interest in protecting sensitive business information about the economics and operations of our projects. We have repeatedly stated publicly, and in numerous in-person meetings with hundreds of current and prospective landowners for our existing and proposed wind energy projects in Ohio that the intent of the confidentiality language you reference in your letter is to address only that information.

Given the nature of trade secret law, we believe the language in our agreements is a reasonable method of achieving that goal.

Nevertheless, though we would hope that they approach us first with their concerns, we do not intend in any way to limit our landowners’ ability to speak about any issues to any government agency or legislative committee.

To be abundantly clear, to the extent any landowners who have signed an agreement with us believe that they are restricted from speaking to the Ohio General Assembly or the Ohio Power Siting Board by the terms of our agreement or that they are in any way limited from publicly speaking about non-confidential information, there are no such restrictions.

Please do not hesitate to contact me should you wish to address this further. 

Sincerely.

Mark Epstein

Senior Counsel

cc: Dayna Baird Payne

Dan Litchfield

Iberdrola Renewables, LLC
2 Radnor Corporate Center, Suite 200

100 Matsontord Rd. Radnor P A 19087

Mark.Epstein @IberdrolaRen.com 

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