Noisy Neighbors

[XLFD]

Earlier this week the City of Ludington Daily News (COLDNews) provided us news about the latest court battle between our community's good neighbor utility, Consumer's Energy and... our community.  The full article was reviewed  here at the Ludington Torch and the first part of the COLDNews article is pictured below. 

However, assuming the Consumer's Energy people submitted their noise-mitigation plans yesterday as they guaranteed, the implications of what was likely to develop was not really looked into.  After all, as the following articles by the conservative think-tank, The Mackinac Center in their Michigan Capitol Confidential publication puts forth:  there are two ways to fix the noise problem.  The first is not practical, the second would be very costly, and may involve shutting down or reducing the output of the offending turbines.  Two recent articles from CapCon and several other links about the problems is included for your information:

Court Orders Utility To Address Wind Turbine Noise Problems

Residents near Consumers Energy wind farm complain of health issues

By Jack Spencer | Feb. 7, 2014

A judge has ordered Consumers Energy to come up with a plan to rid its Lake Winds Energy Plant of excessive noise levels.

Last month, Consumers Energy asked the 51st Circuit Court to overrule Mason County's finding that the Lake Winds industrial plant is not in compliance with the county's noise ordinance. As part of that legal action the utility also wanted the court to issue a stay that would block efforts by Mason County to enforce the county's interpretation of the ordinance until after the case had been argued in court.

On Monday, 51st Circuit Court Judge Richard Cooper denied the CMS request for a stay and ordered the utility to submit a plan to the county by today to mitigate the noise problem. In response, CMS officials said they would comply and a mitigation plan would be submitted.

"We were asked to submit a mitigation plan by Feb. 7 and we will do so," CMS spokesman Dennis Marvin said. "It will be up to the county to make a determination on our plan. At the present time, we do not know how that process will work."

Marvin said the judge's decision not to grant the CMS request for a stay will not prevent the utility's case from moving forward.

"We believe the arguments we've outlined are well founded," Marvin said. "We look forward to the court’s review."

However, there isn't any wiggle room for mitigating the noise issue, said Kevon Martis, director of the Interstate Informed Citizens Coalition (IICC), a non-profit organization that is concerned about the construction of wind turbines in the region.

"There are only two ways to reduce the noise level," Martis said. "One would be to increase the distance between the turbines and the homes, and it is too late for that. The other is to reduce the decibel level, which would significantly increase the operating costs of the plant."

Lake Winds is a 56-turbine facility located south of Ludington in Mason County. It was the utility company's first wind plant project in Michigan. Residents who live near the $250 million plant began complaining of health problems shortly after the turbines began operating. They filed a lawsuit on April 1 arguing that noise, vibrations and flickering lights emanating from the wind plant were adversely affecting their health. Among the symptoms noted in the lawsuit were dizziness, sleeplessness and headaches.

Less than six months later, in September, the Mason County Planning Commission determined that the wind plant is not in compliance with safety guidelines. CMS appealed that decision to the Mason County Zoning Board of Appeals. In December 2013, the County Zoning Board of Appeals upheld the planning commission's decision. In response, CMS took the county to court. If the 51^st Circuit Court ultimately upholds the Mason County finding, CMS would be expected to take the issue to the Michigan Court of Appeals.

Lake Winds is part of the utility's effort to meet Michigan's renewable energy mandate, which requires that 10 percent of the state's energy be produced by in-state renewable sources by 2015. Though the mandate was ostensibly aimed at reducing carbon emissions, the 2008 law did not require that emissions be monitored to measure the mandate's actual impact. 

http://www.michigancapitolconfidential.com/19696

Consumers Energy has consistently expressed its desire to be a "good neighbor." But when Mason County found that Lake Winds Energy Plant was too noisy, Consumers Energy took the issue to the courts.

Earlier this month, Consumers Energy (CMS) asked the 51st Circuit Court to overrule Mason County’s finding that the Lake Winds industrial wind plant, a 56-turbine facility south of Ludington, is not in compliance with the County’s noise ordinance. In addition, the utility is asking the court to halt efforts by Mason County to enforce its interpretation of the ordinance.

Kevon Martis, director of the Interstate Informed Citizens Coalition (IICC), said that for multiple reasons the Mason County wind turbine noise dispute is worth keeping an eye on.

"CMS's Energy’s Lake Winds Plant is the first in the state to be declared out of compliance with a wind turbine noise ordinance," Martis said. "It is remarkable that the same planning board that once approved this project now unanimously declared it to be out of compliance with noise guidelines that they had previously adopted as a direct result of intimate negotiations with CMS. The Mason County noise guidelines were essentially dictated to the Planning Commission by CMS agents."

The case pits alleged health and safety concerns against the potential economic viability of the $250 million industrial wind plant. Putting the wind plant in compliance with the county's interpretation of its noise ordinance likely would force CMS to lower the decibel levels on the turbines, which in turn could significantly reduce their efficiency.

"Unlike other power generators, the only means of mitigating wind turbine noise is by increasing the distance from the turbine to homes or to reduce the power output of the turbines themselves," Martis said. "Our review of the noise study shows that the turbines exceed the county noise limits at roughly 30 percent output. If the courts order CMS to curtail their output to such levels, as justice would demand, the price of energy from that project will rise substantially."

With so much at stake, if the 51^st Circuit Court ultimately upholds the Mason County finding, CMS might be expected to take the issue on to the Michigan Court of Appeals.

For CMS, Lake Winds was its first wind energy project and is part of the utility’s effort to meet Michigan’s 10 percent energy mandate. Under the mandate, 10 percent of Michigan’s energy is supposed to be produced by in-state renewable sources by 2015. The mandate was supposed to be aimed at reducing carbon emissions; however the law did not require emissions be monitored to measure the mandate’s actual impact. 

The renewable energy mandate was one of two key provisions of the 2008 Energy Bill. Under the other key provision, competition within the state’s electricity market was capped at 10 percent, giving the state’s two largest electric utilities — CMS and Detroit Edison (DTE) — quasi-monopoly status...

"CMS lost at the Zoning Board of Appeals and now they head to court to litigate the matter," Martis said. "In the meantime, the noisy turbines continue to drive Mason County residents to seek refuge from the noise by bunkering in their basements or fleeing to sleeping quarters outside the development."

Brian Wheeler, spokesman for CMS, did not respond to a request for comment.

http://www.michigancapitolconfidential.com/19620

For more reading in Capitol Confidential on wind farm issues:

Michigan's Renewable Energy Mandate Causing Harm, Probably Unconstitutional

Energy Company At Odds With County Over Safety of Wind Turbines

Lawsuit Alleges Wind Power A Threat To Health and Safety

Most of Michigan Is 'Poor' or 'Marginal' For Wind Energy

Effort In Lansing To Override Voters' Rebuke of Higher-Cost Energy ...

Wind Subsidies Upon Mandates Upon Subsidies

Government Report: Wind Energy Needs Taxpayer Support To Survive

Green Energy Mandate Supporter Claims Individuals 'Do Not Have Right To Quiet'

Wind Association Executive To State Bureaucrats: 'Delete These Types of Emails'

Wind Noise Dispute Pits Scientists Against State Officials

Federal Judge: Michigan Renewable Energy Mandate Unconstitutional

[Willy]

Excellent work X. There is no way Consumers is going to dig into their own pockets and rectify any problems with those turbines because the construction of those monsters was mandated by the State and either the taxpayers will be picking up the tab or the State will give Consumers a pass on any future problems. That aerial photo shows just how close the turbines are to peoples homes.