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HomeMy WebLinkAboutMDGDecommissioningPlanComments-v201/08/17 Decommissioning Plan Comments Pg. 1 of 4 Marcus Gingerich Comments on the Decommissioning Plan (changes in red) The current version of this plan is virtually unchanged from the previous. Thus, the previous comments (in black) are still substantially relevant. It would appear that most have not been considered at all. 1) on pg. 1 Estimated Cost of Decommissioning “Research in the US is lacking to support actual decommissioning costs of wind farms, since little decommissioning has been performed due to the recent development of the wind industry.” This is not really true as its more a problem of turbines not being decommissioned simply being left sit (such as the thousands reported sitting idle in the south western united states), thus the importance of a decommissioning plan and decommissioning bond. 2) paragraph 2 gives several low figures for decommissioning estimates, but there is no mention of the method of decommissioning. Different methods will cost different amounts, i.e., explosive demolition would probably cost far less than deconstruction of the turbine and town piece by piece with a crane. If such figures are going to be touted as background, the actual methods should also be elucidated. 3) pg. 1, paragraph 5 is an essentially an oxymoron. “In reality, in the unlikely event that the Project had to be decommissioned it is more likely that turbine...Ten to twenty-year old turbines being decommissioned in Europe are commonly reconditioned and sold as operating machines rather than for scrap.” If it is such an unlikely event, why are turbines being decommissioned in Europe? Are the plans to not actually bothering to decommission these turbines? What is the truth here? 4) pg. 1, paragraph 6, “…amount not less than $180,000 per turbine, or a total of $1,250,000 (assuming 7 turbines)…” The Project Sponsor’s arithmetic appears incorrect, $180,000/turbine x 7 turbines should equal $1,260,000. This needs to be fixed. The total bond needs to be $1,360,000 for 7 turbines and road repair. There is still a question of who pays for the road damage in the case of repair or replacement of large components due to catastrophic failure or otherwise? 5) It is noted that the plan states “(assuming 7 turbines)”, is it possible that the number will be something other than 7? The town board should require the project sponsor to clarify the number of turbines in this project. Decommissioning Process 6) “…components and material may be stored on-site ina pre-approved location until the bulk of similar components or materials are ready for transport.” The Town needs to impose a limit on the length of on-site storage so that the location does not become a long- 01/08/17 Decommissioning Plan Comments Pg. 2 of 4 Marcus Gingerich term scrap or waste disposal area (e.g. limit consolidation to no more than 60 days). 7) “Access roads, fencing and residual minor improvements will not be removed unless the landowner requests that they be removed.” This is an additional expense to the project. Is this covered by sufficient funds in the decommissioning bond if the project does not follow through? Any process promised in this plan should be covered by a corresponding cost estimate and the appropriate amount held in the decommissioning bond. 8) Pg. 2 Wind Turbine Removal: Will the turbines and towers indeed be deconstructed in a orderly fashion or is there allowance for explosive demolition as has been the practice in other places? It should be explicitly stated that explosive demolition is not allowed since several of the turbines are so near adjacent non-participating property lines and thus the turbines could inadvertently fall on a non-participating property owners land. Is there sufficient funds allocated for this process including the road temporary widening? All of this costs and needs to be accounted for in their estimated costs and the associated bond. 9) Wind Turbine Foundation Removal “After removal of all noted foundation materials, the hole will be filled with clean sub- grade material of quality comparable to the immediate surrounding area.” Where will this material come from and at what cost? Will it be in compliance with the invasive species control plan (ISCP)? Will every truck which comes into the sites be cleaned every time as per the ISCP? This sounds like a large cost, is it covered in the decommissioning bond if the town needs to do it? 10) Underground electrical collection system “The cables and conduits contain no materials known to be harmful to the environment...” We know this to be true how? Does the town have a list of all the materials in the cables and conduits and any expert assurance that this statement is true? 11) “All cable and conduit buried greater than 36 inches will be left in place and abandoned.” This conflicts with Article VI, Section 1.E. of the Wind Law which says: "removal shall include removal of all...buried wires and conduits, [and] removal of foundations to a depth of three (3.0) feet below grade...." It is quite clear that the qualifier "to a depth of three (3.0) feet below grade..." only applies to foundations and not to the buried wires and conduit. Thus, the town board must insist on compliance with the local law and require removal of all buried wires and conduits. This also requires that all of these areas must be re-landscaped. It will potential require disturbing and repairing wetlands and other sensitive areas. The town may also wish to consider additional funds in the decommissioning bond to cover this expense which was simply being ignored. 12) Substation “...As per the interconnection rules of the NYISO, the Project substation reverts to the ownership of the transmission owner and thus the Project sponsor does not intend to decommission the substation.” So what exactly does happen to it? Since the project sponsor is proposing the substation and responsible for bringing the substation into 01/08/17 Decommissioning Plan Comments Pg. 3 of 4 Marcus Gingerich the town; the Project Sponsor, in conjunction of the transmission owner, needs to delineate the plan for the substation when the project is decommissioned. This needs to be ascertained by the town before any Wind Energy Permit is issued so that the town can be sure that it will not be saddled with the cost of decommissioning the substation. It is incumbent on the Project Sponsor to get such an agreement/contract/plan in place so that the town has the assurance of knowing the future of the substation. This is also raises another very important issue in that it confirms a point that has been made for some time that this project can't happen since the substation land is leased and NYSEG has no legal right to force the landowner to transfer the substation to them. Thus, the importance to the town board to follow the requirements of the local Wind Law and verify proof by permission letter that the proposed project can actually be built as it has been configured and allegedly approved. 13) Site Restoration Process “The topsoil will be replaced to original depth, and original surface contours reestablished where possible.” Is there a pre-project survey of the sites to ascertain this information, photos, etc? Where will the data be stored safely for the 20 years or so of the project lifetime? There appears to be no plan for how the sites will be restored to the original soil depth and contours because there really isn't an expectation that the plan will ever be implemented, thus it really appears to be a faux plan. How will the turbine sites which have already been stripped of their soil coverage be returned to pre-project conditions? “Any topsoil deficiency and trench settling shall be mitigated with imported topsoil consistent with the quality of the affected site.” Where will this come from and how will the soil be made to comply with the ISCP? 14) pg. 3, paragraph 3, “In accordance with guidelines provided by New York State Department of Agriculture and Markets, topsoil de-compaction and replacement will be avoided after October 1...” until what date in the spring? What is the estimated cost for this part of the plan and is it reflected in the decommissioning bond? 15) pg. 3, paragraph 4, “All other disturbed areas will be restored to a condition and forage density reasonably similar to original condition.” Who records the original pre-project condition for all of the turbine sites? How is it recorded? Where is the record stored for future reference? How will turbine sites 4 and 5 be restored to original condition if excavation has already been done prior to the record of the 'original condition'? 16) pg. 3, paragraph 5, “In accordance with the guidelines of the New York State Department of Agriculture and Markets, a monitoring and remediation period of two years immediately following the completion of any decommissioning and restoration activities will be provided.” Will be provided by whom and what does it actually encompass? Who has the final say on what the follow-up restoration efforts might be? The town should be involved in the decision. What is the cost of this activity and is it appropriately included in 01/08/17 Decommissioning Plan Comments Pg. 4 of 4 Marcus Gingerich the decommissioning bond? 17) What is the cost for all of this proposed work? There are no estimates given and thus no reason to believe the all of this work is reflected in the decommissioning bond? How does the town know that the bond is enough to cover all of the work mentioned in this plan? There is a lot of road activity encompassed in this plan, is the bond for the road sufficient to cover all of this extra wear and tear? While I have the utmost respect for Councilperson Miles, and I believe he did an admirable job of coming up with his estimate, I have not seen his numbers or his work. By his own admission, he is not an expert in estimating costs of decommissioning this type of project, thus the town board needs expert input into the actual costs and thus the amount of the bond that is needed. The project sponsor was supposed to do this, but if they will not, then the town must have it done by competent experts, but on the project sponsors account. However, that work must not occur until the project sponsor brings the account balance into compliance with the local law. By no means should this decommissioning plan be approved until such time as the town has received expert advice on the likely costs of such a decommissioning project. 18) The estimated cost of each aspect of this plan needs to be spelled out so that the town can be sure that the decommissioning bond will cover all aspects of this plan in case it falls to the town to complete. 19) Additionally, the cost of all activities, related to ANY and ALL of the other plans for this proposed project that have related activities and/or expenses during the decommissioning phase, needs to be calculated and included in the decommissioning bond so that the town has ready and sufficient finances available in the event that the town must complete the decommissioning process if the project sponsor or its assigns fail to complete the process in a timely and/or appropriate manner. 20) It is still a concern that all of the costs are reflected in the decommissioning bond. There need to be funds to cover removal of ALL underground conduit and wiring (this was previously unaccounted for), deconstruction of the wind turbines, site restoration, landscaping and revegetation of all disturbed areas, removal of unwanted access roads, fencing or other facilities,protection against invasive species (post decommissioning activities), and also repair of road damage during all of these activities. Is the decommissioning bond actually sufficient?