2004 Vestas Power Point Presentation by Vestas employee Erik Sloth which acknowledges the legitimacy of complaints over wind turbine noise and the systematic underestimation of noise impacts through failure to account for common variables affecting wind turbine noise emissions on site.Vestas Wind Company & Mass Department of Environmental Protection See here and below a
the essay below by Max Rheese concerning Vestas recent efforts to deny adverse
impacts and the blatantly false assertions by Vestas and other wind energy
supporters, including the Massachusetts Department of Environmental "Protection"
under Commissioner Kenneth Kimmell that there is "no evidence of harm"
from wind turbine noise.
Vestas and the Massachusetts Dept of Environmental "Protection" are fellow
travelers, two peas in a pod, falsely proclaiming the "lack of scientific proof"
of harm from wind turbine noise -- even though both of them certainly do know
Prior to his appointment as Commissioner of MADEP in 2011, Mr. Kimmell,
co-authored the "Wind Energy Siting Reform Act" as general counsel for the
Executive Office of Energy and Environmental Affairs for Governor Deval Patrick
whose primary purpose was to consolidate control of permitting of wind energy
facilities in Massachusetts under a permitting authority appointed by the
Governor, depriving local communities of their traditional jurisdiction over
development within their own borders.
As Commissioner of MADEP, Mr.
Kimmell rushed out the infamous MADEP wind turbine noise "study," which was
produced through a non-public process after a handful of meetings by a "panel"
of individuals selected by MA DEP who all have previous ties to the wind energy
The study failed to review or consider evidence of harm from
wind turbine noise that was submitted to it and blatantly misstated and
mischaracterized the conclusions of several well-known studies of wind turbine
noise that it did review, in the study findings, in the executive summary and in
the MA DEP press releases which accompanied the publication of the report and
which proclaimed I(falsely) that there is "no evidence of harm" from wind
The MADEP study, which is routinely cited by the American
Wind Energy Associations, the wind energy trade association, and by other wind
turbine proponents in permitting hearings has been exhaustively critiqued and
widely discredited as "junk science" -- i.e. a political tool produced at the
instigation of a political hack, rather than an objective scientific
Please also note that the MA DEP has declined to enforce existing noise
regulations for the Commonwealth of Massachusetts (according to an archaic 1972
standard that is woefully inadequate in protecting residents from the most
harmful aspects of wind turbine noise) where noise from wind turbines has
exceeded the statutory limit.
In order to appreciate how an institution like the Massachusetts
Department of Environmental "Protection" could have become so politicized and
corrupt, one need only review the resume of Commissioner
Prior to joining the Patrick Administration and authoring a
bill that attempted to engineer the development of wind energy in Massachusetts
by brute force, Mr. Kimmell was an eponymous partner of the law firm Bernstein,
Cushner & Kimmell (currently known as BCK Law), which serves as the general
counsel to both the Cape Light Compact (CLC) and the Cape & Vineyard
Electric Cooperative (CVEC). The Cape Light Compact and the Cape & Vineyard
Electric Cooperative are the largest clients of BCK Law.
Kimmell joined the Patrick Administration in January 2007, BCK Law was in the
process of assisting the Cape Light Compact to form CVEC "to do the things that
the Cape Light Compact was legally prohibited from doing" -- principally, to
install industrial wind turbines on the Cape & Vineyard.
residents of the Cape & Vineyard may recall, it was CVEC's publicly stated
ambition upon its founding in 2007 to install "20 to 30" giant industrial wind
turbines on Cape Cod and Martha's Vineyard over a ten year period.
Note also that the Commissioner's chief deputy, Ms. Alicia (McDevitt)
Barton has been rewarded for her work in overseeing the production of
the official, pseudo-scientific MA DEP "Shameless Whitewash of the Harmful
Impacts of Wind Turbine Noise" (as it is unofficially known) by being
appointed to head up the Mass Clean Energy Center.
As residents of Cape
Cod well know, the Mass Clean Energy Center never saw a wind turbine project
that it didn't love. In recent years, representatives of the Mass Clean Energy
Center offered ardent testimony in towns from one end of Cape Cod to the other
in favor of installing 400 and 500 foot wind turbines in Wellfleet, Eastham,
Orleans, Harwich, Brewster and Bourne -- to name a few -- promising that none
these installations -- some of which were to be sited within 500 feet of
residences -- would never harm a soul!
Residents of Cape Cod may recall that the Mass Clean Energy Center actually
purchased two Vestas V-80 wind turbines to be installed in the town of Orleans
-- before the Orleans water commission had actually approved the idea of
When the Orleans water commission denied approval of the project, the Mass
Clean Energy Center tried desperately to foist them off onto one town after
another in Massachusetts while it kept them in storage for years in a warehouse
Ultimately, the Mass CEC did find a sucker who was willing to buy the
equipment at a hefty discount, after MA CEC agreed to prepay the sum of $1
million for 20 years of production of Renewable Energy Certificates from the
wind turbines. These two wind turbines -- rechristened Wind I and Wind II --
are now the prized possession of the Town of Falmouth, MA.
After the wind turbines began to cause dire problems for nearby residents
-- as evidenced by extensive studies and as agreed by the Falmouth Zoning Board
of Appeals (twice) and by a court of law (even as the Falmouth Board of
Selectmen and Falmouth Board of Health stuck their heads in the sand), the Town
approached the Mass CEC to appeal for forgiveness of some financial obligations
to ease the burden of removing this health menace.
In one of her first official actions as head of the Mass CEC, Ms. Barton --
Commissioner Kimmell's former deputy at the MA DEP who orchestrated the sham
study on wind turbine noise that didn't discover any harm because it strenuously
avoided looking for any -- sent Falmouth a message which can be paraphrased, as
"Mass CEC to Falmouth: Drop Dead."
Actually, it was worse than that.
The Mass CEC -- under the direction of Ms. Barton, the former senior
official of the Massachusetts Department of Environmental "Protection" and chief
deputy of Commissioner Kimmell -- actually offered the Town of Falmouth a bribe
to increase the hours of operation of the wind turbine!
true. Ms. Barton and the Mass CEC offered to forgive the debt
that the Town of Falmouth owed to Mass CEC, but only if Falmouth agreed to run
the wind turbines flat out!
Financial assistance, yes.
Sympathy for the plight of residents in
Falmouth who are being tortured on a daily basis by the operation of the wind
turbines? Absolutely not!
Residents of Cape Cod may also recall that Ms. Barton's predecessor as head
of the Mass Clean Energy Center -- who was instrumental in brokering the deal to
get the wind turbines out of the warehouse in Texas where they were hurting no
one and into the ground in Falmouth so that they could torture residents there
and tear the community apart -- was Ms. Carter Wall.
Ms. Barton took over the reins at the Mass Clean Energy Center when Ms.
Wall left government service to take a lucrative position in the private sector
as the Director of the Performance Solar Division of a firm in Boston called
Broadway Renewable Strategies, which is a subsidiary of the Broadway
As residents of the Cape & Vineyard know, the Cape & Vineyard
Electric Cooperative (CVEC) announced with great fanfare in 2012 that
CVEC had hired Broadway Electric, through Broadway Renewable Strategies, to
install approximately 66 MW of solar installations on the Cape & Islands at
a projected total cost of $200 million.
As noted above, CVEC and its
parent organization, the Cape Light Compact, are the largest
clients by far of Commissioner Kimmell's former law firm, BCK
Regrettably, however, as Commonwealth Magazine and the Cape Cod Times
reported last month, workers for Broadway Renewable Strategies suddenly
walked off the job at all the CVEC photo voltaic installation work sites because
Broadway Electrical is going out of business.
After months of
protracted delays, a change in banks, a change in equity investors and a
unilateral demand for better contractual terms for the investor group,
Broadway Renewable Strategies managed to meet the permitting deadlines
for a grand total of 13 MW of the original 66 MW of PV projects proposed by CVEC
and trumpeted in the CVEC press release.
Then Broadway went belly up,
without warning, leaving all of the CVEC projects in limbo.
The good news is that BCK Law has made millions of dollars doing all
of the legal work for CVEC -- and continues to generate huge fees in the current
desperate attempt by CVEC to resolve the crisis precipitated by the "Performance
Solar Division" under the direction of the former head of the Mass Clean Energy
Center, the patron saint of the Falmouth wind turbines, Ms. Carter
To date, the Cape Light Compact has funneled over $3 million in CLC
ratepayer funds to CVEC, the illegitimate shell corporation that CLC's
attorneys, Bernstein, Cushner and Kimmell (a.k.a. BCK Law) helped CLC to form
"to do things that CLC is legally prohibited from doing" -- such as building
industrial wind turbines.
All of the CVEC wind turbine proposals were
repudiated by the local communities that were designated to host them (but not
before the Mass Clean Energy Center invested at least $200,000 in these
The vast majority of the proposed CVEC
photovoltaic installations with the "Performance Solar Division" of Broadway
Renewable Energy are dead and the remaining handful are in serious jeopardy
since they must be permitted, completed, tested and operating no later than June
30, 2014 -- and since there is no one to install them.
But CLC and CVEC have bigger problems than the sudden demise of
these CVEC projects, the most recent in a long series of failed endeavors.
For just as some people are appalled by the specter of the Massachusetts
Department of Environmental "Protection" scheming to enable developers to harm
them; other citizens have taken issue with the efforts of Bernstein, Cushner
& Kimmell to assist its client, the Cape Light Compact, in creating s shell
company called CVEC for the express purpose of "doing things that CLC is legally
prohibited from doing."
A Special Committee of Inquiry of the Barnstable County legislature
investigated the governance and finances of CLC and CVEC, including the
relationship between CLC and CVEC, and raised many serious questions. In its
Report, the Special Committee highlighed a series of dubious transactions that
occurred in the months preceding the formation of CVEC, when CLC was working
with BCK Law to form the new shell company.
The Special Committee
issued a final report in May of 2012 that was highly critical of CLC's
financial sponsorship of the shell company, CVEC; expressed concern about the
lack of transparency and accountability of both organizations, including
financial transparency and accountability; recommended a forensic financial
audit; and recommended an investigation by the Office of the Attorney General
and the Office of the Inspector General.
After further months of wrangling with CLC and CVEC, the Assembly of
Delegates voted on December 4, 2013 to request assistance from the AG and the IG
to conduct a thorough investigation these two public bodies, including their
governance and their finances; the propriety of their financial relationship
(with CLC operating CVEC as a de facto subsidiary); and the potential conflict
of interest arising from BCK Law serving as general counsel to both
From all appearances, it seems that the Attorney General and the Inspector
General will respond, or are already responding to the request by the Barnstable
County Assembly of Delegates for a thorough investigation of CLC and
Just as one cannot eliminate the harmful adverse impacts of wind turbine
noise through artful propaganda and wishful thinking -- as Vestas and the
Massachusetts Department of Environmental "Protection" have tried to do; so one
cannot simply evade legal restrictions by running the illegal activity through a
shell company that has been formed "to do the things that one is legally
prohibited from doing," with 100% of the shell company's expenses paid by the
parent entity that believes it is sufficient merely to pretend that it is all
Click here to see; Vestas Wind Company Always Knew About Noise & When