Falmouth Wind Turbine Health Saftey Bulletin 3 Strikes

DELEGATION OF AUTHORITY RELATING TO FALMOUTH REC AGREEMENT

Summary: Massachusetts Clean Energy Center staff requested the Board delegate to the Chair authority to appoint a three-person subcommittee of the Board, which included the Chair and the CEO, with the authority to review and did approve on behalf of the Board of Directors modifications to an existing renewable energy certificate (REC) purchase agreement with the Town of Falmouth.

The result of this memo is another 1.8 million dollars given to the Town of Falmouth in 2014 in addition to the original 1 million given to the Town of Falmouth in advance to purchase Falmouth wind turbine number 1. The money comes from electric rate payers through the Massachusetts Renewable Energy Trust aka you the taxpayers.

The memo has never been made public and does not appear on the Town of Falmouth web site for good reason.

There are several damaging quotes in the April 2, 2013 memo. The Falmouth Select Board is aware of the problem :

a "Falmouth Wind 1 was one of the earliest municipally-owned megawatt scale wind turbines installed in Massachusetts. Even though the original MTC-commissioned feasibility study for Falmouth over-estimated the likely acoustic impact, that study did not include a detailed acoustic analysis based upon sampling of ambient acoustic conditions (as is our current, more rigorous practice) which might have identified a potential exceedance of the 10 decibel limit."

b."The Falmouth wind turbines are of an older design which does not offer "low noise operations" or other retrofit options."

THE ABOVE QUOTES PROVE THE MASSACHUSETTS CLEAN ENERGY CENTER ADMITTED THE ORIGINAL NOISE TESTS USING A GENERAL ELECTRIC WIND TURBINE ARE WRONG AND THERE IS NOTHING THEY CAN DO ABOUT IT.

In 2005 the Massachusetts Technology Collaborative today the Massachusetts Clean Energy Center had KEMA ECOLOGY AND ENVIRONMENT, INC produce a feasibility study which included a noise study using a General Electric 1.5 megawatt wind turbine. The GE turbine produces up to 103 decibels of noise. The 2005 KEMA study map showed up to 99 homes could reach 40 decibels of noise or more. General Electric refused to place even a single wind turbine because of residential homes and ice throw.

Falmouth taxpayer need to understand that the recent filing in Massachusetts Land Court based on a financial hardship is indefensible.

The Falmouth Select Board and Energy Committee was well aware from the two part feasibility study done in April and November of 2005 that they needed a Special Permit 240-166 and the KEMA map showed an excess of 40 decibels of noise at up to 99 homes around the proposed site of a General Electric 1.5 megawatt wind turbine producing up to 103 decibels of noise.

The filing of the special permit would require additional studies and notifications to the neighbors.

The Town of Falmouth is now going to go in front of Massachusetts Land Court Judge Robert Foster and ask for zoning financial relief for its two turbines ?

Here is what the judge, news media and the public is going to hear :

The Falmouth Select Board and Energy Committee knew General Electric a domestic wind turbine company refused to build a single megawatt wind turbine because of residential setbacks and ice throw. The town then went out and bought two larger louder Vestas V -82 type 1.65 megawatt wind turbines.

The Vestas turbines generate up to 110 decibels of noise. This is 7 decibels of noise louder that the General Electric turbines used in the KEMA study. Seven decibels on a decibel scale more than doubles the sound level.

The Town of Falmouth had previously been warned prior to the installations of the turbine in a letter from Vestas wind company the manufacturer of the turbine that the turbines generate up to 110 decibels of noise. The Town of Falmouth hid this letter for ( 5 ) five years.

The Falmouth Select Board and Energy Committee intentionally misled the public through a series of omissions to install these turbines taking the health and property rights of up to 200 residential home owners around two illegally permitted wind turbines.

Falmouth Wind II used federal stimulus funds and filed a federal EPA waiver making reference to one town by-law 240-166 leaving the EPA to believe the town was going to file a special permit for federal funds after General Electric a domestic wind turbine company refused to place a wind turbine.

Falmouth town officials were well aware Special Permit 240 166 was required in the original 2005 studies and then went forward in 2009 placing louder wind turbines. It is obvious the town knew filing Special Permit 240 166 would require additional studies and abutter notifications and intentionally did not file the correct permits. The town placed the financial interests of the income from the turbines above the interests of the public health and safety.

State, local officials and all those involved with the megawatt installations created a second class group of citizens living around the wind turbines.The Massachusetts state constitution does not allow the creation of second class citizens.

Falmouth officials on more than three different occasions over a period of years suppressed documents, hid documents and avoided permits and in general perpetuated a noise described as torture from lack of sleep from the turbines on residential home owners. Assault and battery on the environment by the Town of Falmouth on residential home owners.

The Massachusetts Clean Energy Center April 2, 2013 memo proves the town intentionally took the health and property rights of up to 200 residential home owners for financial gain

The Town of Falmouth is now using the Massachusetts court system to stall the simple fact that both the wind turbines should never have been built.

The town is using taxpayer resources to cover up a health and financial fiasco. Litigation costs are near $300,00.00 every six months and the Select Board has filed a tenth lawsuit last week.

The Falmouth Select Board and Energy Committee members have made themselves liable under anti-racketeering acts of the United States Department of Justice.

The Hobbs Act and RICO, Racketeer Influenced and Corrupt Organizations (RICO) statute