Add the Mike Haywood Group to the growing list of lawsuits filed against the Pinnacle wind plant in Mineral County WV – “Developer sues over Pinnacle Wind turbine project”
This most recent lawsuit seeks, as do other suits we’ve detailed at AT, a permanent injunction to stop use of the noisy turbines. The Haywood complaint again brings into serious question the statements by Charley Parnell, who represents the owners of the wind plant, that “by all accounts, has been a significant improvement” since louvers intended to eliminate noise were installed last year.
Related links: Lock, stock and lawsuits? /“by all accounts” … well, sorta /All’s not quiet on the western ridgeline.
So why should this matter. This is the same turbine model that US Wind Force was promoting for to place atop the Dan’s Mountain Project, located in Maryland.
It is important that the public understands that Edison Mission Energy did not go blindly into the purchase of the Mitsubishi MWT95/2.4 model. They placed safeguards into dealing with noise.
Edison Mission Energy reported 10-Q • For 3/31/07 • EX-10.1 reported this material contract purchase with SEC.
WIND TURBINE GENERATOR SUPPLY AGREEMENT By and Between
MITSUBISHI POWER SYSTEMS AMERICAS, INC., a Delaware corporation (“Seller”), and EDISON MISSION ENERGY a Delaware corporation (“Owner”) Dated as of March 28, 2007.
Dated as of March 28, 2007
Give attention to small print details, warranty, service contracts agreements, quality of repairs, etc, and noise.
Here is the http://www.secinfo.com/dVut2.u3p2.d.htm#9f0i (Use find to locate term “noise”)
11.2.1 Performance of Noise Level Tests. At any time after the Substantial Completion Date but not later than six (6) months prior to the end of the Initial Warranty Period for a Project, Owner may have the right to cause a Noise Level Test to be conducted at its expense on a representative sampling of one (1) Wind Turbine at the Project mutually selected by Owner and Seller, and in accordance with Exhibit I-1 (the “Noise Level Test Procedures”) by a qualified engineer selected by Owner and reasonably acceptable to Seller, in order to check whether or not the noise level exceeds the noise requirements set forth in Exhibit I (the “Noise Requirement”). Seller shall have the right to be present at each Noise Level Test and Owner shall notify Seller in writing fourteen (14) days in advance of the commencement of a Noise Level Test. If the actual climate conditions at the Project do not satisfy the conditions set forth in Exhibit I-1, such Noise Level Test period shall be extended day-to-day until such time as such conditions are satisfied. Within fourteen (14) days following completion of the Noise Level Test, Owner shall provide Seller with a detailed written report setting forth the results of such Noise Level Test. Notwithstanding anything to the contrary in any other provision of the Contract Documents, Seller’s sole obligation with respect to noise is satisfying the Noise Requirement during a Noise Level Test at the Reference Turbines (the “Noise Guaranty”), and if the Wind Turbine selected for the Noise Level Test meets the Noise Guaranty as determined in the Noise Level Test, then Seller shall have satisfied its obligations with respect to the Noise Guaranty.
11.2.2 Procedures on Noise Level Test Failure. If the Wind Turbine selected for the Noise Level Test fails to meet the Noise Guaranty as determined in the Noise Level Test, Seller shall perform such adjustments or repairs to some or all of the Wind Turbines at the Project as are required to meet the Noise Guaranty within ninety (90) days after Seller has been notified by Owner that the tested Wind Turbine has failed to meet the Noise Level Test. No later than ninety (90) days following the completion of such ninety-day repair period, Owner shall, in accordance with Section 11.2.1, notify Seller of the date during such 90-day period on which it will cause a new Noise Level Test to be conducted, such additional Noise Level Test to be performed at Seller’s sole cost and expense. Such testing and repair procedure shall be repeated until such time as the selected Wind Turbine meets the Noise Guaranty and no further adjustments are made to the Wind Turbines as a result of the failure to meet the Noise Level Test. Seller shall have the right to take its own data, to have copies of all data resulting from each Noise Level Test, and to verify the calculated Noise Level Test results.
11.2.3 Noise Level Damages and Remedies. If the Wind Turbine selected for the Noise Level Test fails the Noise Level Test, (a) Owner shall be entitled to shutdown any part or all of the Wind Turbines by providing notice to Seller if any of the Owner’s Permits is breached as a result of such failed Noise Level Test and only if any Governmental Authority requests or orders all or part of the Wind Turbines to be shutdown; then (b) Seller shall be liable for any and all reasonable direct expenses suffered by Owner arising out of or related to the failed Noise Level Test in the form of and as part of the Availability Guaranty Damages. This Section 11.2.3 shall be Owner’s sole and exclusive remedy for Seller’s breach of the Noise Guaranty.