Legalectric

Yet another example of GI/GO noise monitoring, following the GI/GO noise modeling, notice of the discrepancies between modeled noise expected and the actual noise found in the post-construction noise modeling.

It doesn’t want to embed, so here’s the link:

https://minnesotapuc.granicus.com/MediaPlayer.php?view_id=2&clip_id=1737&meta_id=205848

The noise study for Freeborn Wind at issue, Parts 1 and 2:

And Commerce-EERA “analysis” of it, with the emphasis on “anal” eh?

There was a lot of talk about the Minnesota noise standards (which are admittedly NOT designed to address wind noise), Minn. R. 7030.0040:

And not until quite late in the discussion did they even bring up the 47 dB(A) limits imposed by the “Special Condition” deal that Commission did with Freeborn:

Note that when there are levels above 47 dB(A), “the Permittee shall work with the Department of Commerce to develop a plan to minimize and mitigate turbine-only noise impacts.” Where does the landowner/resident/human “receptor” fit in? Zero consideration, evidence shows. GRRRRRRR.

Freeborn Wind permit (and standard language in all permits) has noise limits, the state standard (Minn. R. 7030.0040) and permit condition limits:

Xcel’s conslutant’s noise monitoring report (2 parts):

And then Commerce-EERA wants to review and “analyze” it and here’s the result, released yesterday:

Despite documented noise exceedences, they craft it to this result:

… sigh… it starts out promising:

What it looks like is that the measurements of noise monitoring aren’t taken seriously, and that “binning” is used to obfuscate and dismiss testing and monitoring results that show noise levels above those permitted.

Remember the ALJ’s recommendation for this project, that the permit be denied because Freeborn had not demonstrated it could comply with noise standards?

OAH+80-2500-34633+Final+Order

WE WON!!! ALJ Recommend Freeborn Permit be DENIED, or… May 14th, 2018

And then the PUC bends over and gives Freeborn/Xcel what it wants:

Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation September 21st, 2018

To challenge this, hiring a noise expert is necessary, and then it’s time to sue their collective asses. It becomes the responsibility of those affected by the wind project’s incursion on their land to raise the objections and foot the bill. Fair? Equity? Justice? In what world…

A wind energy company has pleaded guilty after killing at least 150 eagles

What’s really odd about this is that most of the projects that I’ve been dealing with in permitting have secured eagle take permits — I thought. In this case, NextEra seems as a policy not to have take permits. HUH?

I am remembering resistance to developers answering questions about eagle take permits, and I think that it comes down to whether USFWS requires them to get one.

Here’s USFWS info on eagle permits here in the Midwest – it appears that there are only three eagle take permits issued for Minnesota wind projects, Red Pine, Getty/Black Oak, and Pleasant Valley/Grand Meadow:

Midwest Region- NEPA Documents for Eagle Permits

This seems to say that there are only FIVE eagle take permits? Here’s the application for one project that I’d worked on:

Black Oak/Getty Wind Farm Eagle Take Permit Application

For the Freeborn Wind project, we entered information about locations of nests and photos of eagles foraging, nests and foraging territory being, supposedly, two criteria examined in siting of wind projects and consideration of need for take permits:

See Freeborn Wind ALJ Recommendation, and search for “eagle” in the Recommendation.

Methinks this will have significant impact, but sentencing a company to probation — but how does that work?

The Xcel Energy Freeborn Wind post-construction noise modeling equipment is up, this time at the tree line, not behind it.

Just filed today at the Public Utilities Commission:

Xcel Energy has 14 days to respond, and then off to the Public Utilities Commission for consideration. The Commission needs to take a hard look at what they’re doing, because these wind projects sited without rules and too close to people is harming those living in the project footprint.

Noise remains a problem for those trying to live in the middle of a wind project. No surprise when the owner uses a 0.5 ground factor to model bigger, louder turbines, several hundred feet above the ground (these have rotor diameter of 120 meters, or 393.701 feet!). This has been ongoing for so long, going on 5 years, I find I’m forgetting crucial details. But what’s happened in this docket, and what has happened in other dockets, all adds up, particularly with the Bent Tree noise exceedences demonstrated, and resulting settlements, and the Blazing Star noise issues going on right now.

Noise was a problem in Bent Tree with Vestas V-82 for the Hagens and Langruds.

Bent Tree Noise report confirms permit violations!

Wind turbine noise is a problem for the Blazing Star wind project with these bigger and louder Vestas V-120:

Blazing Star Wind NOISE!

More on Blazing Star noise

Freeborn Wind noise has long been an issue. Noise was a problem when the Freeborn Wind ALJ recommended denial of the permit because they had not demonstrated, using 0.0 ground factor, that they could comply. Yes, do not forget that we won that round, first recommendation of denial of wind permit application ever:

WE WON!!! ALJ Recommend Freeborn Permit be DENIED, or…

So then the PUC changes the rules, moves the goal posts, and allows use of 0.5 ground factor in modeling to predict noise, and don’t forget, these are now Vestas V-120 turbines, bigger and louder.

Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation

Can you spell U-N-D-E-R-E-S-T-I-M-A-T-E ?? GI-GO???

Tried for an Environmental Assessment Worksheet and got the gong:

PUC Freeborn Mtg 2-6-2020

Filed a MERA claim (Minn. Stat. 116B.03) and we were booted out of court:

Association of Freeborn County Landowners v. Public Utilities Commission

And we appealed the Commission’s final decision on Freeborn:

Freeborn Wind appeal – we lose…

We are persistent. The noise numbers are too high, and they’re higher than pre-construction noise modeling predicted. Yeah, well, DOH, using the wrong ground factor.

The Commission needs to address this obvious problem and deal with the consequences. Avoidance just doesn’t cut it. This is real, and it’s not going away.

ONWARD!

Dorenne Hansen died this morning, and we’re mourning.

A visitation will be held from 4:00-7:00 p.m. on Friday, May 21, 2021 at Bonnerup Funeral Service, Albert Lea, and one hour prior to services at the church. A funeral service will take place at 11:00 a.m. on Saturday, May 22, 2021 at Bethlehem Lutheran Church in Myrtle with Pastor Josh Blair officiating. Interment will follow at Pilgrim’s Rest Cemetery. A celebration of life meal will be held at the Glenville City Hall following committal services.

She was a founder and the very life of Association of Freeborn County Landowners. When we met, she let me know that she had been living with Stage 4 cancer for a while, that was June, 2017, and she’d said that she was on some sort of trial, the longest living person in the medical world. She was a delight, off the charts brilliant, strong, exacting, and angry and a fighter in the best of ways.

Dorenne was able to motivate and turn out her community, with neighbors meeting and coming together to foil the intruder to their neighborhood.

Dorenne was a little hesitant at first, and after a few rounds with Invenergy and the Public Utilities Commission, she got in the groove, was adept at reading between the lines, and channeled her outrage into action, rallying the troops for yet another round.

Dorenne Hansen was the voice of AFCL.

Association of Freeborn Landowners got the first ever contested case for siting a wind project, and in another first, the ALJ recommended the project’s permit be denied:

No small feat!! In the STrib’s article then, on both Freeborn Wind and the Bent Tree project, wind developers and wind promoters were histrionic:

Administrative Law Judge says PUC should reject Freeborn County wind project

A choice snippet from Litchfield in the STrib article:

Dan Litchfield, an Invenergy senior manager, objected to Schlatter’s interpretation of Minnesota’s noise regulations, saying it “is impossible to meet for a wind farm. … Every other wind farm in the state has not been subject to this interpretation.”

And what did the PUC do??

Freeborn? PUC upends ALJ’s Freeborn Wind Recommendation

Marie McNamara, who has been through the PUC grist mill with Goodhue Wind Truth, put it well:

Despite getting the site permit, Freeborn Wind did move 17 of the 41 turbines to Iowa, a different sort of success, 24 shy of our goal. Yet after that initial administrative win, followed by the PUC’s 180, it was downhill from there. The last gasp of our efforts came last month:

Freeborn Wind appeal – we lose…

And then NSP/Xcel tries to send us a bill, adding insult to injury — our Objection is here:

Xcel, cost taxation? WHAT?

Throughout all these very intense years, Dorenne was undergoing routine chemo treatments, on and off and on and off, with time to recover some in between, and she was often literally working on our Freeborn Wind project while infusing! We spent a lot of time at the library bonding over transcripts, zzzzzzzzzzzzz. And Myre-Big Island State Park was right next door, so a good place to have confabs and convenient for hearings in Albert Lea.

Dorenne and I last talked not long before the appeal came down, and she was getting ready to stop chemo, which because the cancer had progressed, was on a weekly basis, utter torture with no respite between treatments. She was not having fun, her quality of life was nil, and she was ready to stop chemo, though she was so mindful of her family and friends whom she cared about and who cared so much about her. I appreciated her advance notice and a chance to let her know how much I appreciated and enjoyed and leaned on her.

Over the last four years, people in the community who had not met before got together, worked together, and became fast friends over wind turbines, becoming large parts of each others lives. Dorenne, you will be sorely missed. What an impact you’ve had… what a life well lived…