White Pines Wind Project ERT Hearing – November 16, 2015

ExaminationReport on the ERT Hearing on the White Pines Wind Project – Nov. 16, 2015
By Henri Garand, APPEC

On Day Six, the Environmental Review Tribunal (ERT) of the White Pines wind project considered a procedural motion to exclude two environmental witnesses, heard testimony from four health case witnesses, and then ruled on the proposed schedule of expert witnesses.

Eric Gillespie, counsel for appellant APPEC, proposes to call Dr. Michael Hutchinson, a director of the American Bird Conservancy, and William Evans, a nocturnal bird migration monitoring expert, in reply to two witness statements provided by wind developer/approval holder WPD.  James Wilson, WPD counsel, claimed these witnesses would either repeat evidence given by another APPEC witness or introduce new facts outside “proper reply.”  Gillespie argued that APPEC, bearing the onus of proof, has the right to reply to WPD’s experts, and the expertise of the reply witnesses does not duplicate that of primary witness Dr. Shawn Smallwood, an ecologist.

The Tribunal reserved its decision until the next day.

The afternoon was taken up by four witnesses who reside near the proposed wind project.  Each witness described pre-existing medical conditions and provided corroborative OHIP and physicians’ records.

Nora Bowlby, whose house would be 800 m from the nearest turbine, is concerned that annoyance, stress, sleep disturbance, fatigue, headaches, and vertigo, all symptoms attributable to wind turbines, will worsen her psychological and neurological disorders.  She also worries that project construction and road traffic will damage the stone foundation of her 125-year-old wood-frame house.  She said that due to her medical conditions the house is a refuge, which she fears will be lost.

Ann McLurg, a South Bay resident, fears that low-frequency sound, shadow flicker, and vibration will exacerbate her post-traumatic stress. She said she has spent all her retirement savings in renovating a 160-year-old house where she feels calm and safe, and the wind project now threatens her health.

Deborah Cermack, a Royal Road resident who would live 650 m from the nearest turbine, believes that noise and infrasound would aggravate the migraines from which she has suffered since childhood.  The migraines would become intolerable in both number and severity.  Cermack said she moved to the County for peace and quiet and control of her migraines, and to “have all that taken away would be devastating.”

Andrei Sulzenko, whose County Rd. 13 house would be 600 m from turbine T 29, has suffered for nine years from periodic insomnia that triggered adverse health effects.  He submitted a letter from his sleep doctor stating that low-frequency sound from nearby turbines could cause sleep disturbance and insomnia.  He said the only remedy would be to leave his house.

All the witnesses reported that they had contacted WPD and the Ministry of Environment and Climate Change but received no response to their concerns.

The day concluded with the Tribunal decision on the schedule for the balance of the hearing dates.  All parties had previously made written submissions, with the key difference being that APPEC had scheduled one expert witness per day and WPD wanted two.  The Tribunal ruled in favour of two witnesses per day.  The chair explained that it was the common ERT practice and the evidence is “nothing different from other proceedings.”

The ERT resumes Tuesday, November 17, 10 a.m. at Essroc Centre, Wellington.

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