Falmouth Asks State For Guidance On Wind Turbine II

Under the Massachusetts Doctrine of Laches it appears the Falmouth Wind II project has never received a "project completion certificate" from the Massachusetts Department of Environmental Protection. As agreed to in the original PRA ,Project Regulatory Agreement.

--------------------------------------------------------------------------------------------------------------------------

MEETING OF THE MASSACHUSETTS CLEAN WATER TRUST BOARD OF TRUSTEES March 7, 2018 1:30 PM

3 Center Plaza, Suite 430 Boston, Massachusetts

MINUTES:

Ms. Perez reported the town of Falmouth has notified her they will be sending a letter asking for guidance as to whether various proposals regarding Wind II, which was financed by the Trust, would qualify the project as an “energy efficient” project.

Ms. Perez said she will update the board when she receives the letter.

https://www.mass.gov/files/documents/2018/04/09/Minutes%203.7.18.pdf

(Deborah B. Goldberg is the Massachusetts State Treasurer and Receiver General.)

(Susan Perez was promoted from her previous position as Assistant Treasurer and will continue serving as Executive Director of the Massachusetts Clean Water Trust)

--------------------------------------------------------------------------------------------------------

The Massachusetts Clean Water Trust the week of Nov 26, 2015, notified town manager Julian M. Suso the Town of Falmouth borrowed $4,865,000 from the trust for the construction of Wind 2, the second of the town's two wind turbines.

In addition, the Town of Falmouth had signed a "Project Regulatory Agreement" brokered by the Massachusetts Department of Environmental Protection financed through the Massachusetts Clean Water Trust.

The town had submitted a "project completion certificate" to the Massachusetts Department of Environmental Protection in March 2013. However, a letter dated April 2, 2013, from the trust's executive director, Susan E. Perez, said the Massachusetts Clean Water Trust would not sign off on completion of the Falmouth Wind II project.

The Town of Falmouth has never disclosed if the money to buy Falmouth Wind II was a loan or a grant because under the Project Regulatory Agreement a power production agreement gave control of Falmouth Wind II to the MassDEP in which case MassDEP would produce the project completion certificate for Falmouth Wind II.

The Massachusetts Department of Environmental Protection and the borrower ( Town of Falmouth) entered into a project regulatory agreement in order to borrow ARRA, American Recovery and Reinvestment Act of 2009.

SPECIAL TOWN MEETING Video : June 2009 Falmouth Wind II ARRA funds vote

https://www.youtube.com/watch?v=g8LFk6JbxhU