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Citizens’ group APPEC takes legal action in attempt to stop turbines

Prince Edward County citizens’ group Alliance to Protect Prince Edward County is taking legal action in an attempt to stop nine industrial turbines from being placed in and around Milford.

APPEC has named the Independent Electricity System Operator (IESO) and wpd White Pines Wind Inc as respondents.

APPEC alleges “the Feed-in-Tariff (FIT) contract between the IESO and wpd should have been terminated as soon as it became evident wpd would be unable, or incapable, of fulfilling the FIT contract terms.”

APPEC explains in a press release that in 2010, a FIT contract for 60MW wind energy program to be operational within three years was offered by the Ontario Power Authority (now IESO), to wpd.

“The contract allowed for termination if the project was not able to deliver at least 75 per cent of the contracted power. A Renewable Energy Approval was granted to wpd by the Ministry of Environment and Climate Change (MOECC) five years later in 2015.”

Immediately after, an appeal was made by APPEC to the Environmental Review Tribunal (ERT). In 2016, the ERT found the project would cause serious and irreversible harm to the natural environment (Blandings turtles and Little Brown bats).

“After allowing the proponent an opportunity to propose additional mitigation measures to prevent this harm, the ERT still found it necessary to remove 18 of the 27 remaining wind turbines from the project. As a result, the project is only permitted to erect nine 2.05MW turbines which can only fulfill approximately 30 per cent of the original FIT contract requirements – far less than the 75 per cent referred to under the contract.”

APPEC has made an application to the Ontario Superior Court of Justice seeking a declaration that the FIT contract for the White Pines Wind Project is null and void, and an injunction on any further work on the project. A hearing for this is set for Nov. 17 at 44 Union St., Picton, beginning at 10 a.m.

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