ANGUS KING WITHDRAWS HIGHLAND PERMIT APPLICATION

On December 18, 2009, Highland Wind LLC (HW LLC) filed a permit application with Maine’s Land Use Regulation Commission (LURC) to build a 48 turbine grid-scale wind energy facility in Highland Plantation. Due to the inappropriateness of the site and due to the negative impacts such a development would have to the local ecology and environment, to the nature-based economy, to the health and quality of life of the area residents, and to scenic qualities of the area near the Bigelow Preserve, the Appalachian Trail and the Arnold Trail, Friends of the Highland Mountains (FHM), along with the Maine Appalachian Trail Club (MATC) and others, requested intervenor status.

Upon analysis of the application, FHM filed a motion to suspend the review process until such time as HW LLC provided the necessary documentation to meet the completeness standards set forth by LURC. On April 7, 2010, LURC ruled in FHM’s favor, and the review of the permit was suspended.

On December 29, 2010, HW LLC submitted a revised permit application for a 39 turbine wind facility, acceding, in part, to the concerns about the project’s impacts to the Appalachian Trail and the Bigelow Preserve. The application was deemed complete and accepted for processing on February 23, 2011, initiating commencement of the expedited review process once more. Again, upon examining the application, FHM determined several areas wherein the applicant had not provided sufficient documentation for a comprehensive review (including complete Title, Right or Interest; make, model and size of turbines proposed for the project; and sufficient proof of financial capacity) and we once again petitioned LURC to suspend the review process. This time, LURC ruled in favor of the applicant, HW LLC. In keeping with the statutes, FHM and the other intervenors submitted documentation and filings by the deadlines set forth.

On April 13th and 20th, 2011, Agency review comments were submitted to LURC. The comments submitted by the Maine Department of Inland Fisheries and Wildlife (IFW) stated unequivocally that Highland “is not an appropriate locality for an intensive wind energy installation such as that currently proposed by Highland Wind Power.”

On April 26, 2011, the 3rd Procedural Order, including a schedule of events and deadlines, was sent to all parties, and intervenors provided witness lists, as well as the issues they would be addressing at the Public and Technical Hearings, to the LURC staff and the applicant, HW LLC.

On May 2, 2011, Angus King, a principal of HW LLC, submitted a letter to LURC withdrawing his application, with “intent to re-file at a later date”, and stated that those government agency review comments “suggested that additional data would be necessary to satisfy agency concerns.”

The IFW did not suggest that additional data would satisfy their concerns. The IFW stated that Highland was “not an appropriate locality”. "Additional data" will not change the fact that Highland’s mountains are an inappropriate site for a grid-scale wind energy development. In fact, the IFW stated that they have “provided technical assistance and consultations to this project since 2007. Despite considerable discussions and previous project modifications, an array of concerns remain unresolved…”

Highland Wind LLC must permanently withdraw their development permit application to build an industrial wind turbine facility in Highland Plantation. The IFW’s report, in conjunction with the many other issues raised by the intervenors, provides ample reason to abandon all plans to develop the mountains of Highland Plantation.

FHM has conformed to all the standards and restrictions set forth in the so-called “Expedited Wind Permitting Law”. The applicant has pressed for an expedited review, as evidenced in letters obtained through the Freedom of Information Act between Rob Gardiner, President of HW LLC, and LURC. Now that the developers have realized that their project, as submitted, was destined for denial, they are gaming the system. HW LLC has had several years in which to study and ascertain the appropriateness of their proposed development, and has ignored all concerns except those which they determined had the greatest ability to hinder the approval of their project. The Agency review comments submitted by the IFW, an unbiased party, corroborate some of the many concerns which FHM has presented as reasons why approval of this project should be denied. By abandoning their plans to industrialize Highland’s mountains, HW LLC has the opportunity to save Maine tax-payers and individual citizens additional expense.

Mr. King and Mr. Gardiner should publicly and permanently cancel all plans to build an industrial wind facility in Highland Plantation.

Open for Business... but NOT For Sale!

Well, it is official. The State of Maine has re-established its credibility and integrity to the People of Maine. Wow, does that feel good!

As you know, I’ve recently expressed grave concerns about the ‘offer’ levied in the permit application of Highland Wind LLC (the limited liability corporation owned by former governor Angus King and Rob Gardiner) to Maine’s Department of Conservation. Highland Wind LLC is asking permission to construct a 39 turbine grid-scale wind energy facility atop the mountains of rural Highland Plantation. Under the ‘tangible benefits’ section of that application, the owners of Highland Wind LLC made this offer to the Agency which would be determining the fate of their multi-million dollar project:

“For the Maine Department of Conservation, Bureau of Parks and Lands: Highland Wind will provide $1,040,000 to the Maine Department of Conservation, Bureau of Parks and Lands (BPL)over a twenty year period, as a “donation for land or natural resource conservation” pursuant to 35-A MRSA §3451 (1-C) (C). This land or natural resource conservation will be comprised of two Elements:…”

http://www.maine.gov/doc/lurc/projects/Windpower/HighlandWind/Highland_DP4862.shtml

In layman’s terms, Highland Wind LLC was offering a bribe to the very Agency which will be deciding the fate of their development. That was unacceptable. At best—it created a conflict of interest. At worst… it was a blatant bribe. So you can imagine the delight I felt when the following “Agency Comment” was published on LURC’s website today:

“BPL (Bureau of Parks and Lands) declines to accept this proposal. The Bureau’s current policy is to remain neutral in these proceedings, and acceptance of such benefits is viewed as a conflict of interest…”

Acceptance of such benefits is viewed as a conflict of interest….Oh, yeah.

You can’t blame me for smiling when I read that, can you? I hope not. For, you see, concerned citizens have been trying to engage our State Agencies in this ‘wind’ issue for years, and we’d almost given up hope of receiving anything other than politically correct answers which circumvented the real issues. But here, finally, we have proof that a State Agency recognized when it was being put into a compromising situation.


I don’t know about others, but my faith is slowly being restored. Last week the Department of Inland Fisheries and Wildlife submitted comments detailing exactly how the Highland project would pose a significant threat to several threatened and endangered species. And today, the Department of Conservation made it clear that it would not be a party to extortion.

Maine may be “Open For Business” but it is not “For Sale”.

Yep. There’s hope for us, yet.

David vs. Goliath, and a Mayfly vs. a King

On April 13, 2011, Maine’s Land Use Regulation Commission posted ‘Agency Review’ comments to the Highland Wind LLC permit page of their website. These comments are solicited from different state agencies which may have opinions on--or knowledge about--the potential impacts of a development such as the industrial wind project proposed for Highland Plantation’s mountains.

What I read from the Maine Department of Inland Fisheries and Wildlife caused a wide grin. An ease of pressure in my chest. A lightening of my heart. For the first time in a year and a half, a Maine State Agency had actually given me a ray of hope. Not just hope that the Highland project could be defeated, but some optimism that perhaps the people and the natural resources of Maine will not continue to be sold down the river.

These comments show beyond any reasonable doubt that Angus King’s and Rob Gardiner’s proposed development is not suited for Highland’s mountains. That if built, the turbine facility will cause grave—if not irreparable—harm to the wildlife, ecosystems and environment of the region… harm which may very well have a cumulative effect on species in other parts of our state. The concerns addressed in the IFW’s comments are just a few of the many which we have been speaking about ever since the development proposal was first made. Finally, a state agency has acknowledged that we were right.

Below are a few of the highlights from the report.

“Northern Bog Lemming. We have significant concerns that the proposed development will have undue adverse impacts to this series of wetlands along Witham Mountain and believe that maintaining the integrity of this complex is critical to the local population of this Threatened species.”

“Roaring Brook Mayfly (State-Endangered) and Spring Salamander (State Special Concern)… The magnitude of project area within occupied stream habitat is of great concern and poses a high potential for undue impact to both species.”

Bats: “MDIFW is greatly concerned that this proposed project poses a significant long-term mortality risk to both resident and migrant bats.”

“Nocturnal Migrants and Diurnal Raptors: The passage rates of nocturnal migrants and diurnal raptors through the project area are among the highest reported for projects in Maine…The proposed Highland Wind Project has some of the highest recorded passage rates through the rotor-swept zone, and is among the highest passage rates (targets/km/hour) of any project reviewed by MDIFW…Absent a commitment by the applicant for significant operational mitigations (e.g., seasonal curtailment of turbines during migration periods), there are no plausible strategies to mitigate risks to migrating birds at this time.”

Vernal Pools: “MDIFW contends that the applicant has not yet provided enough information demonstrating that impacts to SVPs (Significant Vernal Pools) cannot be avoided entirely.”

Conclusion: “We conclude that the collective wildlife concerns detailed above demonstrate that this is not an appropriate locality for an intensive wind energy installation such as that currently proposed by Highland Wind Power.”

So, there we have it. A State Agency has determined that the Highland wind project poses a serious risk to Maine’s wildlife and the habitat which supports it. Will this be enough? Will our former governor care more about the state he once shepherded, than he does about building his industrial wind development? Will this cause him to withdraw his permit, when nothing else has? Once upon a time, I would have thought, ‘yes’. Once upon a time I was naïve and trusting, and I didn’t fathom the deep-seated desire to make money, no matter what the costs to neighbors, natural resources, or a way of life.

But now, I’m not so sure. Now, I’m cynical. I seem to look for the negative in everything positive. Now, I am picturing other scenarios… none of which bode well for the inhabitants of this region.

I think about the millions of dollars Mr. King is quoted as having spent on compiling his application, and I wonder if he and Mr. Gardiner can turn back. Are they willing to let it go, or are they thinking that—since they’re already in for a penny, they may as well be in for a pound, and they should fight this to the bitter end on the off-chance that they’ll be successful? That their investment will secure those great rewards they’ve been seeking?

If that is what they decide, what will happen next? Will the owners of Highland Wind LLC attempt to offer ‘mitigation’ to the IFW, in the hopes that the department will take their money and drop their opposition to the project? As pertains to these wind developments, ‘mitigation’ is an act where a wind developer offers to protect the flora and fauna in another area of the state by establishing (or enabling the establishment of) a conservation easement, in exchange for being allowed to endanger or decimate the flora and fauna in the location of the proposed development. While the state of Maine has made mitigation an acceptable practice, that doesn’t make it a good one. It’s an ‘I’ll kill a baby here-- but build an orphanage there’ way of doing business which I believe is wrong.

There are still many questions which need to be answered. LURC deemed Highland Wind LLC’s permit application ‘complete’, so intervenors must move ahead within the compressed time mandated by the expedited permitting law and do our best to make our cases. But, while considered ‘complete’ by LURC, there are still many unanswered questions about the application which make it difficult for those who oppose the project to defend our positions.

The applicant was not required to supply the model, make and size of the turbines. That fact puts us at an unfair disadvantage when we must argue the case about sound and how it will affect those living within two miles of the project.

The applicant was not required to prove title, right or interest to all portions of the transmission path from the project to Wyman Station. We know for a fact that Highland Wind LLC does not have all those required deeds, easement and permits, but still… they were allowed to move ahead.

The applicant was not required to prove they have the financial capacity to build their project, either. Instead, they were allowed to submit vague letters of qualified support from financial institutions-- letters which clearly stated that they were not loan guarantees.

And what about the ‘tangible benefits’ section of the application? Will the Department of Conservation (the same department which LURC—the agency deciding whether or not to grant the permit—falls under the jurisdiction of) accept the $750,000.00+ that Mr. King and Mr. Gardiner are offering? If not, who WILL be the next beneficiary of their largesse? Where will the money have the most effect? Will it be offered to the residents of Highland Plantation? The Department of Inland Fisheries and Wildlife? The Arnold Expedition Historical Society?

In a perfect world, these questions wouldn’t need to be asked. But I’ve come to realize that this world is far from perfect, and that money often rules the day.

But… not today. Today, the People are going to be victorious. If my instincts are right, a critical region of this state will be preserved. And that will be, in part, due to the meticulous and admirable work of the Maine Department of Inland Fisheries and Wildlife.

As a woman whose father retired from that Department, I’m feeling very proud.


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Photo of turbine blades and nacelle taken in Freedom, Maine-- Beaver Ridge Wind Development