Alliance for Clean Energy New York~ wants changes to code

Watertown Daily Times Groups want changes to code


Groups want changes to code
WIND ETHICS: State's pact being negotiated for many developers
By NANCY MADSEN
TIMES STAFF WRITER
MONDAY, FEBRUARY 23, 2009

Nearly four months after the state attorney general's office established a code of conduct for wind energy developers, local wind farm developers have not yet signed on.

In fact, only the two out-of-state companies that signed the agreement Oct. 30 have committed to following the attorney general's Wind Industry Ethics Code. Those two companies, Noble Environmental Power LLC, Essex, Conn., and First Wind, Newton, Mass., signed the pact after an investigation by Attorney General Andrew M. Cuomo into allegations that they were bribing local officials to push through wind projects.

"The office continues to investigate various complaints and talk to the industry about the code," said John T. Milgrim, spokesman for the attorney general's office. "The code is what was developed as best practices for the industry, which is similar to codes for other industries."

He said the code gives transparency on conflicts of interest between wind developers and municipal officials.
The Alliance for Clean Energy New York is negotiating with the attorney general's office on behalf of many wind developers, including the four in Lewis and Jefferson counties. About 20 wind power developers are among its 52 members. Carol E. Murphy, executive director of the alliance, called the negotiations "collegial discussions."

She wouldn't discuss the details of the negotiations, but said, "We're trying to reach something that meets the needs for the attorney general's office and still allows wind development in the state."

She said the original code of ethics does not address cases such as community wind development or municipalities or schools installing wind turbines.

"If a code will apply to the industry, it needs to work for the industry," she said.

Conflicts of interest are a cornerstone of concerns of the Wind Power Ethics Group in Cape Vincent. The group published an advertisement on Feb. 15 highlighting contracts six municipal board members have with wind power developers.

"There has been no requirement by local officials for the wind companies to abide by Attorney General Cuomo's guidelines," group member John L. Byrne said Monday in explaining the ad. "It creates an atmosphere of suspicion."

Supervisor Thomas K. Rienbeck said Friday that the town lawyer and the attorney general's office asked the town to disclose possible conflicts of interest. Three members of the Planning Board and three Town Council members reported signed contracts with wind developers in July.

"You can't change the town board members," he said. "They were elected to the position."

On the Planning Board, two members have apparent conflicts with each developer, so a majority could still approve measures on each wind farm if those with conflicts abstained. But on the council, voting on a zoning law or payment-in-lieu-of-taxes agreement would require those accused of having conflicts to vote to gain a majority.

"We're in a tough situation," Mr. Rienbeck said. "It's one of those things that the antis have stirred up that probably exists in all small towns."

The supervisors of Clayton and Hounsfield, other towns with wind development in Jefferson County, were unavailable for comment Friday afternoon.

Cape Vincent Wind Farm project manager James H. Madden said the original Wind Industry Ethics Code held certain components that wouldn't work for some developers. The only provision he would specifically cite requires wind developers to educate all officers and employees on identifying and preventing conflicts of interest with municipal officers.

"BP has 100,000 employees worldwide," he said. "Training all of them on law in New York would not work."

Galloo Island Wind Farm developer Babcock & Brown Ltd. is part of the discussions, as well. Spokesman Matthew C. Dallas said in an e-mail that the developer is considering the code.

Representatives of Acciona, developer of St. Lawrence Wind Farm, and Iberdrola, developer of Horse Creek Wind Farm, did not return calls for comment Thursday or Friday.
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