Sunday, July 19, 2015

filed:  Massachusetts, Press releases

Hancock sues Berkshire Wind Power Cooperative Corporation  

Credit:  Hancock Board of Selectmen Vote to Retain Prominent Energy Lawyer In Legal Battle with Berkshire Wind Power Cooperative Corporation | For Release: March 4, 2015 | Contact: Sherman Derby, Hancock First Selectman; 413-464-5916 | [provided to NWW] ~~
HANCOCK, MA (March 4) – A prominent national lawyer who specializes in energy issues is being retained by the Board of Selectmen to pursue legal action against the Berkshire Wind Power Cooperative Corporation (BWPCC), operator of the controversial 10-wind turbine facility atop Brodie Mountain.
The Board yesterday voted to take legal action against the Cooperative, which is owned by 14 towns in the eastern part of the Commonwealth, in order to recover back taxes.
First Selectman Sherman Derby said the town will put a lien on the Cooperative’s wind turbines tomorrow.
Derby said Attorney Vincent DeVito of Bowditch & Dewey in Boston has been hired to work on behalf of Hancock in collaboration with town counsel. He is a former U.S. Assistant Secretary of Energy for Policy and International Affairs.
The First Selectman said the town is seeking $165,850 from BWPCC for what it owes the town for payment in lieu of taxes for 2014, including interest and penalties. The last payment the town received was in December 2013.
The Cooperative recently sent the town a check for $147,000 that the Board returned. BWPCC has since claimed that the check was a “temporary payment” that could be adjusted at a later date.
Derby said the PILOT (payment in lieu of taxes) agreement with BWPCC called for $156,600 annually for the first three years of the project based on a $55 million valuation.
He said the Cooperative has offered $147,000 in 2015, $145,000 in 2016 and $143,000 in 2017.
“We’ve had to deal with noise and other problems from the turbines,” Derby said. “BWPCC at the very least should pay its fair share of taxes. Anything less is unacceptable.”
Derby said the conflict with the BWPCC “should be a warning to all other towns in Massachusetts” which are hosting wind turbine projects.
The Berkshire Wind Power Project Cooperative members include the Massachusetts Municipal Wholesale Electric Company (MMWEC) and 14 municipal utilities that provide electric service to Ashburnham, Boylston, Groton, Holden, Hull, Ipswich, Marblehead, Paxton, Peabody, Shrewsbury, Sterling, Templeton, Wakefield and West Boylston. MMWEC is based in Ludlow, MA.
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Source:  Hancock Board of Selectmen Vote to Retain Prominent Energy Lawyer In Legal Battle with Berkshire Wind Power Cooperative Corporation | For Release: March 4, 2015 | Contact: Sherman Derby, Hancock First Selectman; 413-464-5916 | [provided to NWW]

3 comments:

  1. Just so we all know our General manager JOHN DRISCOLL of TMLWP a town of Templeton owned department is the chairman of this board.
    BWPCC. Does the cooperative make the books look good by not paying their liabilities also? How do we trust the commissions if the truth is not what were told it is. As this blog has pointed out over time "years" things arn't what you think they are at our light department.
    I guess when the General manager said he would budget more for lawyers this is what he saw was comming.
    I wonder if the coop will check into the governance of hancock like the chairman did for Templeton.
    With managment like this no wonder our bills don't go down like we were told they would. As you can see above Templeton is one of the 14 liable for the judgement in the end.Good to know the people of Templeton arn't alone this time.
    Thanks again JOHN DRISCOLL.
    Your board has cost the ratepayers how much this time around?

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  2. “We’ve had to deal with noise and other problems from the turbines,” Derby said. “BWPCC at the very least should pay its fair share of taxes. Anything less is unacceptable.”
    Sounds like in Templeton where the turbine is much larger and much closer.
    With no hazard signs to warn people.
    So ask yourself does the commission look out for or care about anything in Templeton?

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  3. Berkshire Wind is a non-profit organization so is free from taxes. However, it is required to provide a PILOT. The agreement with Lanesborough assesses the personal property at $1.8 million and the town will tax that accordingly.

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