Information Notice:

An amendment to the Renewable Energy Approval (REA) held by wpd White Pines Wind Incorporated has been made by the Director. The purpose of the posting is to inform the general public of the amendment and their right to require a hearing in respect of this decision.

The Director considers this a minor amendment and it is not expected to have any significant impact on the environment. Therefore, public consultation is not required.

This is an amendment to existing REA No. 2344-9R6RWR. The amendment is for the inclusion of flexibility to reduce the voltage of the project’s interconnection line from 69kV to 44kV, as well as reduce the voltage and megavolt amperes (MVA) rating of the project’s southern transformer substation to 44kV (from 69kV) and 20 MVA (from 65 MVA), respectively.

This Class 4 wind facility, known as the White Pines Wind Project, is located in Prince Edward County. The facility has a total expected generation capacity of 18.45 megawatts.

Appeal Findings:

The Environmental Review Tribunal dismissed this appeal on March 20, 2018

In reviewing all of the evidence including the Appellant’s Notice of Appeal, the Appellant’s witness statements and the issues proposed to be raised by the participants, the Tribunal ruled that there was nothing in the evidence that alleges any harm caused specifically by the amendment to the Renewable Energy Approval, which provided the option of using an alternate transformer and added flexibility to reduce the voltage of the project’s interconnection line.

As such, the Tribunal found that the Notice of Appeal failed to meet the requirements of the Environmental Protection Act or the Tribunal Rules for appealing Renewable Energy Approvals, and should be struck. Further, the Tribunal concluded that the appeal should be dismissed for lack of jurisdiction.

Other Relevant Information

The full text of the decision may be available by accessing the Environment & Land Tribunals Ontario website at elto.gov.on.ca.

Application for Appeal:

On December 6, 2017, the Alliance to Protect Prince Edward County (the “Appellant”) appealed the Ministry of the Environment and Climate Change’s (MOECC) decision to amend the renewable energy approval (REA) no. 2344-9R6RWR granted to wpd White Pines Wind Incorporated. The amendment is for the inclusion of flexibility to reduce the voltage of the project’s interconnection line from 69kV to 44kV, as well as reduce the voltage and megavolt amperes (MVA) rating of the project’s southern transformer substation to 44kV (from 69kV) and 20 MVA (from 65 MVA), respectively.

Grounds for Appeal:

The Appellant asserts several grounds to demonstrate that engaging in the renewable energy project will cause serious harm to human health, including:

1. Placement of the transformer substation and access road adjacent to a residence, their water supply and agricultural operation will cause serious harm to human health.

The Appellant also asserts grounds to demonstrate that engaging in the renewable energy project will cause serious and irreversible harm to plant life, animal life or the natural environment, including:

1. The Renewable Energy Approval for the White Pines Wind project and the associated monitoring, avoidance and mitigation undertakings to protect the natural environment have not been completely updated and amended to reflect changes made to the project or proposed to be made to the project.
   
   
2. The Operational Mitigation Plans and the Additional Avoidance and Mitigation Plans for the White Pines Wind project have not been updated or amended to reflect the changes made to the project. These Operational Mitigation Plans and Additional Avoidance and Mitigation Plans are now obsolete and require amendment.
   
   
3. The MOECC Director is allowing the Additional Avoidance and Mitigation Plans to be modified without amending the REA or allowing an appeal on the amendments to the REA.
   
   
4. The Director and/or the Approval Holder have misapplied the spatial extent of the Blanding's turtle habitat within the project area. As a result, construction, maintenance, and other activities associated with the project is likely to occur during prohibited periods which will cause serious and irreversible harm to the Blanding's turtle.
   
   
5. As a result, the Blanding's turtle habitat the avoidance, monitoring, and mitigation measures within the REA will not be properly implemented. Incompletely implemented avoidance, monitoring and mitigation measures will cause serious and irreversible harm to the Blanding's turtle.
   
   
6. The Operational Mitigation Plan to address the serious and irreversible harm to the Little brown bat is obsolete.

The Appellant requests that the Environmental Review Tribunal:

1. Amend or alter the Renewable Energy Approval to define Blanding's turtle habitat as all of the areas in the southern area of the project site.
   
   
2. Alter the location of the transformer substation away from residences and agricultural operations and to an area within the project site.
   
   
3. Clarify the restoration of the project sites cleared but no longer part of the project.
   
   
4. Issue a stay on construction until the Renewable Energy Approval has been completely updated and amended.

Other Information:
More information on this appeal application is available by accessing the Environment & Land Tribunals Ontario website at elto.gov.on.ca. Click on the “ERT” link in the upper right-hand corner, then select “Case Search” and search for case number 17-074.

Any resident of Ontario may require a hearing by the Environmental Review Tribunal (ERT) within 15 days after the date this Decision was loaded to the Environmental Registry (see top right of information notice) by written notice served upon all of the following:

Appellate Body:
Secretary
Environmental Review Tribunal
655 Bay Street
Floor 15
Toronto
M5G 1E5
Phone: (416) 212-6349
Fax: (416) 326-5370
Toll Free Phone: (866) 448-2248

Environmental Commissioner of Ontario:
Environmental Commissioner of Ontario
1075 Bay Street
Suite 605
Toronto Ontario
M5S 2B1
Phone: (416) 325-3377
Toll Free Phone: (800) 701-6454

Issuing Authority:
Mohsen Keyvani
Director, Section 47.5, Environmental Protection Act
Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 326-6095
Toll Free Phone: (800) 461-6290

Proponent:
wpd White Pines Wind Incorporated
2233 Argentia Road
Suite 102
Mississauga Ontario
L5N 2X7

An applicant for a hearing shall state in the notice requiring the hearing, (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause, (i) serious harm to human health, or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought.

Further information is provided on the ERT’s website at: http://elto.gov.on.ca/ert/about-the-ert/renewable-energy-appeals/

If you have any questions about the hearing process please consult a lawyer or contact the ERT.

Nick Colella
Senior Project Evaluator
Ministry of the Environment and Climate Change
Operations Division
Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 212-3691
Fax: (416) 314-8452
Toll Free Phone: (800) 461-6290

CITY OF PRINCE EDWARD COUNTY

Environmental Approvals Branch
135 St. Clair Avenue West
Floor 1
Toronto Ontario
M4V 1P5
Phone: (416) 314-8001
Toll Free Phone: (800) 461-6290