Six appellants want to join case against Armow Wind's proposed facility in Kincardine
By Liz Dadson
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Six people want to add their names to the appeal against the proposed Armow Wind 180-megawatt industrial wind turbine facility in the Municipality of Kincardine.
At the preliminary hearing, held Thursday morning in Kincardine, Asha James, counsel for Ken and Sharon Kroeplin who launched the appeal Oct. 23, put forward a motion to add six names to the notice of appeal.
The six are David and Cindy Robertson, Dave and Pat Fritz and Dennis and Dilsa Morris, representing three landowners in the area affected by the proposed wind facility.
Speaking before Jerry DeMarco, chairman of the Environmental Review Tribunal, James argued that the Kroeplins had received two offers to purchase their property, from the approval holder (Samsung Pattern Armow Wind Ontario GP), on the condition they withdraw their appeal.
James said the Kroeplins were concerned, as was the group HALT (Huron-Kinloss Against Lakeside Turbines) with which they are associated.
This prompted the request to have the six names added to the appeal; all six are members of HALT, said James.
"We are not raising any new issues or a new notice of appeal," she told the tribunal. "We are recognizing parties outside the 15-day statutory time limit."
She said it's simply a matter of adding the six names, their addresses and phone numbers, to the appeal. "We are not adding anything to the notice. These people have a genuine concern regarding the effect of turbines on human health, and live within the project boundary."
James emphasized that the Kroeplins are not seeking to correct deficiencies in the notice of appeal as in other cases raised by the counsel for Armow Wind and for the Ontario Ministry of the Environment (MOE) director who approved the project under the Renewable Energy Approval (REA) process.
The Kroeplins are not seeking to file a new appeal, said James.
Regarding Armow Wind's offers to purchase the Kroeplins' property, James noted that those offers did not come forward until after the appeal had been filed. They have since expired.
Danielle Meuleman, counsel for the MOE director, said that James is "simply incorrect" in stating that this is a simple amendment to the notice of appeal."There is no notice of appeal for these six people," she said. "We currently have two appeals - from Mr. Ken Kroeplin and from Mrs. Sharon Kroeplin. They have been put together in one appeal, but they are still two different appeals.
"These six people had 15 days after the approval was filed to put their names in as an appellant. What's being asked now, is to allow these new appellants to file a notice of appeal after the 15 days."
Meuleman argued that adding these people also increases the human effects from turbines, of six additional people, representing three properties. "That's six more people who did not file within the 15 days. That is not allowed - that's the law."
Sarah Powell, counsel for Armow Wind, echoed Meuleman's view of the law.
"The Environmental Review Tribunal does not have jurisdiction to extend this strict statutory deadline," she said. "HALT is an experienced participant with the Drennan and Dixon appeals (against industrial wind turbine facilities). They know the deadline. The offers to purchase (by Armow Wind) have nothing to do with statutory requirements."
James argued that the six new appellants are not bringing different issues forward and should be allowed to have their names added to the notice of appeal.
DeMarco said the tribunal will reserve its decision on this motion. Once it has an order in writing, it will be posted on the tribunal website at: www.ert.gov.on.ca - reference File No. 13-124.
In more mundane matters, the tribunal went through the
list of parties, participants and presenters for the actual hearing
which begins Dec. 19 in Kincardine. It is set to run
DeMarco clarified that the Kroeplins' appeal is against the Armow Wind Class 4 wind facility, a 92-turbine, 180-megawatt industrial wind farm in Kincardine. It received approval from the MOE director, through the REA process, Oct. 9.
Participants include Bill Palmer of RR 5, Paisley; and Elizabeth Bellavance of WAIT-PW (We're Against Industrial Turbines - Plympton-Wyoming).
Presenters include Matthew Sheridan, Norma Schmidt, Suzie Stoeckli, Dan Norman, Stephana Johnston, Jutta Splettstoesser, Greg Schmalz and Sheila Burr.
Jody Law and Brian Edwards of Armow Wind were watching the proceedings and said the appeal is part of the public process.
"A lot of wind projects have been appealed," said Law, "so we're not surprised by this. It will delay the start date for the project but that's built into the process."
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Monday, November 25, 2013