Robert Regan

November 11, 2011

On November 1, 2011, the Orleans County Superior Court in Newport, Vermont placed protesters under the threat of arrest. The protesterswere using Donald and Shirley Nelson's property to impede Green Mountain Power Corporation's (GMP) commercial wind project, the Kingdom Community Wind Project, by remaining within a blast zone while construction crews worked to build a road onto Lowell Mountain.On November 4,the Vermont State Police served the orderon eight people within the blasting zone without incident.

Despite the small numbers, the protests have had a significant effect. Their delays may preclude GMP from qualifying for a $47 million federal tax credit and they have reignited the debate over the GMP's wind project. On November 3, almost 100 people demonstrated in Lowell to show their support for the wind power project.

     Proponents argue that because the majority of Lowell supports the wind project and it has gone through an exhaustive and very public review process, it should go forward. On March 2, 2010, in a referendum on whether to go forward with the wind project, 80% of the eligible voters in Lowell cast ballots and 75% voted in favor of the project. The Public Service Board (PSB) granted GMP a Certificate of Public Good to construct and operate the wind project.

     In addition to the referendum and PSB review, supporters also point to several environmental and economic reasons to continue with the wind farm on Lowell Mountain. The project is expected to generate 63 Megawatts of clean renewable electricity, which is enough power for 24,000. The town of Lowell will benefit financially from the project because of an agreement with GMP that will provide Lowell between $400,000 and $535,000 in annual revenues for 25 years. Statewide, the project is expected to generate $50 million in total economic output during the construction phase, and nearly one million annually in property taxes. Finally, the project is expected to generate 700 jobs during the construction phase and 30 in-state jobs during the operational phase.

     The project's critics argue the PSB ignored significant concerns when it granted GMP a Certificate of Public Good.They point out that when the PSB was considering the impact of the wind farm on bats, it ignored the testimony of a UVM expert in favor of the pro-wind expert even though the UVM expert counted 100 times as many bats. They also argue the PSB ignored expert evidence provided by the towns of Albany and Craftsbury when it decided the noise standards.

     The protesters also argue that the amount of energy generated and the economic impact are not significant enough to outweigh the environmental and aesthetic concerns.They argue that the 21 or 22 turbines standing at 459 feet will despoil the beauty of the Lowell Mountain range.Critics are additionally concerned about habitat loss, bird and bat collisions with the blades, and the impacts of blasting. In light of the energy surplus in the New England region, the 63 Megawatts of clean energy, the jobs, and the economic benefit do not outweigh these concerns.

     The Nelson's have appealed the decision to the State Supreme Court. In the meantime, the protesters cannot further delay GMP, but the debate rages on.

Terri Hallenbeck, Neighbor Appeals Decision over Lowell Wind Project Blasting, Burlington Free Press (Nov. 9, 2011) http://www.burlingtonfreepress.com/article/20111109/NEWS07/111090305/Neighbor-appeals-decision-over-Lowell-wind-project-blasting?odyssey=tab|topnews|text|FRONTPAGE.

Alan Panebaker, Town of Lowell Residents "Speak Their Piece" and Rally for Wind Project, VTDigger (Nov. 3, 2011) http://vtdigger.org/2011/11/03/lowell/.

Police Serve Order on Protesters, no Arrests, Associated Press, Nov. 5, 2011, available athttp://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=2011111050306.

Wilson Ring, VT. Judge: Wind Farm Protesters can be Arrested, Associated Press, Nov. 2, 2011, available athttp://www.businessweek.com/ap/financialnews/D9QOL2780.htm

Wilson Ring, Lowell, VT., Leaders, Residents Support Wind Farm, Associated Press, Nov. 4, 2011, available at, http://www.businessweek.com/ap/financialnews/D9QPUQ880.htm.

Annette Smith, State Regulators Remain Deaf to Wind-Energy Concerns, VTDigger(Nov. 2, 2011)http://vtdigger.org/2011/11/02/smith-state-regulators-remain-deaf-to-wind-energy-concerns/.