Rural Greenwich, Ohio, taking BigWind to the supreme court

Screen Shot 2015-11-14 at 8.07.43 PM

“according to Ohio law, before the Ohio Power Siting Board can issue a certificate for a windfarm, the board must be able to show the proposed windfarm will comply with various requirements related to flicker, sound and ice throw. The board was supposed to have developed rules related to those requirements by 2008. The board “never issued those rules“…Setbacks exist for a reason and that is safety. Few people know that the NW Ohio wind site in Paulding county experienced a blade shear. How far away was a piece found? More than 900 feet away!! How does the OPSB stay in business??…….

A rural Greenwich group’s fight to keep wind turbines out of their neighborhood is headed to the Ohio Supreme Court.

A state board on Thursday gave Windlab USA, a wind turbine developer, the go-ahead to construct 25 turbines in rural Greenwich, rejecting a request for a rehearing by a couple who lives by the future development.

The project will comprise 4,600 acres and up to 25 turbines, each 490.5 feet tall with rotor diameters of up to 383 feet….

 

A point of contention is whether Monica Jensen, Windlab USA’s vice president of development, has secured the necessary signatures from all adjacent property owners to bypass the minimum setback requirements.

Jensen on Thursday said she has “15 waivers” from residents whose property violates those setbacks.

But Sam Randazzo, an attorney for the Greenwich Neighbors United, a group opposed to the wind turbines, said of the 25 proposed turbines, 62 percent violate the minimum setback requirements. He added that amounts to “at least 100 property owners.”

“The only way the construction can proceed is if (Windlab) obtains waivers from all adjacent property owners,” Randazzo said.

The attorney said if you draw a circle based on a one-mile radius from the center of the proposed windfarm, there are more than 900 residences, in addition to “many active farms” as well as recreational and hunting businesses.

“That is why there has been such strong opposition,” he said.

“There’s no way that they have secured waivers from all of those property owners,” Randazzo said. He added that the ruling handed down by the siting board Thursday stipulates that Windlab must have those signatures before starting to construct a turbine.

“At the end of the day, they can’t construct anything unless they secure a waiver from the adjacent property owners,” he said. “That would be against the board’s order.”

Schilling confirmed the ruling requires the signatures.

The attorney was asked about the 15 waivers Jensen said she’s obtained….

The lawyer also said according to Ohio law, before the Ohio Power Siting Board can issue a certificate for a windfarm, the board must be able to show the proposed windfarm will comply with various requirements related to flicker, sound and ice throw.

The board was supposed to have developed rules related to those requirements by 2008. The board “never issued those rules,” Randazzo said. He added, therefore, the board issued Windlab USA a certificate to construct before the developer can demonstrate they can satisfy those requirements.

Opponents have also raised concerns about noise, adverse health effects and impact to wildlife….

Source: Winds in rural Greenwich are blowing toward Columbus … specifically the Ohio Supreme Court

Advertisements

BigWind creates ‘Chaos’ at the Ohio Power Siting Board

This week several filings have been made with the Ohio Power Siting Board.  Union Neighbors United has requested a rehearing on the OPSB’s approval of Everpower’s motion to extend the certificate expiration date in Phase I of Buckeye Wind.  Ohio law requires that extensions be granted only after applications to amend a certificate are investigated, subjected to hearing and appeal and some due process accorded to the public.  UNU asserts Everpower is seeking to avoid due process because any delay in obtaining the extension would subject them to the new setback rules which require measurement from property lines.  The UNU application for rehearing makes the case that Everpower is simply attempting to avoid these new requirements. Moreover, UNU points to the Blackfork Wind and the Paulding County Timber Road III projects (also represented by the Vorys law firm) that filed similar extension requests in order to get around the new law that seeks to protect the property rights of landowners in and around the footprint of a wind project.

 It is important to note, again, that the OPSB has failed to properly adopt its revised rules because they were not submitted to the Ohio General Assembly’s Joint Committee on Agency Rule Review. This means that the whole issue of what rules even apply to any wind development are up in the air. The ones who lose in the chaos are citizens who are trying to protect themselves and their communities. The OPSB has heaped insult on top of injury by not only leaving in question what the rules are, but also unlawfully suspending the rules for project extensions in order to accommodate the wind developers who are trying to duck the laws.  What a mess.

The Greenwich Wind project in Huron County is yet another example of the regulatory chaos.   The Omega Corporation, one of the entities impacted by the Greenwich Wind project, filed to extend the time period for the community to intervene in this project. They were denied.  We have also attached their application for a rehearing of the Board’s denial.  This is another indictment the OPSB and its failure to faithfully and fairly implement the laws regarding wind development.   Further information on this and all other wind cases pending before the OPSB can be found on the OPSB website at http://www.opsb.ohio.gov/opsb/index.cfm/Cases/ .  If you think you live in a ‘SAFE’ place away from BigWind, you will rethink your theory….

We will keep you abreast of what happens next in this drama.  It is complicated but very much worth taking the time to understand because the future of a number of Ohio wind developments hangs in the balance….

It may not be too late to stop development of the Greenwich Windpark, attorney Sam Randazzo told about 75 township residents and visitors at a Greenwich Neighbors United informational meeting Tuesday…

via Greenwich residents request wind farm rehearing – Times-Gazette | Ashland & Ashland County, Ohio.