Wind-farm code of ethics established

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October 31, 2008

Investigation of wind-farm companies continues

By DENISE A. RAYMO The Press Republican Fri Oct 31, 2008, 01:00 AM EDT

MALONE -- A code of ethics for wind-energy operations was announced Thursday by Attorney General Andrew Cuomo, who also formed a new task force to ensure compliance and oversee complaints.

However, the ethics code and task force do not end the state's ongoing civil and/or criminal investigations into wind-energy companies, individuals or municipalities launched in July.

Franklin County District Attorney Derek Champagne is one of the six people named to the task force, which will field complaints about wind-farm projects and ensure that developers are following the newly established ethics code of conduct.

The new Wind Industry Ethics Code covers such issues as:

Banning the companies from hiring municipal employees or their relatives, giving gifts of more than $10 during a one-year period or providing any other form of compensation based on action before a municipal agency.

Preventing wind companies from soliciting, using or knowingly receiving confidential information from a municipal officer obtained in the course of his or her official duties.

Requiring companies to post on a Web site the names of all municipal officers or relatives who have a financial stake in wind-farm development and publish details of the nature and scope of that financial interest with the municipal clerk and local newspapers.

Requiring all easements and leases to be in writing and filed with the County Clerk.

Holding an employee seminar within the wind company to identify and prevent conflicts of interest.

The first two wind-energy firms to sign the code were Wind First of Massachusetts and Noble Environmental Power of Connecticut, which has active projects in Clinton and Franklin counties.

Earlier this month, Noble stopped work at its Bellmont and Chateaugay wind-energy projects and laid off workers because the national and international financial pictures are so bleak.

The stoppage did not impact the Altona or Clinton wind-energy projects.

Both companies continue to be under investigation by the Attorney General's Office and district attorneys for their alleged improper dealings with elected officials in communities where their wind-energy projects are either established or proposed.

Subpoenas were served on both companies in July with orders to turn over paperwork concerning agreements and easements obtained from property owners and public officials.

Cuomo said the new code "establishes unprecedented transparency that will deter any improper relationships between wind-development companies and local-government officials.

"Wind power is an exciting industry that will be a cornerstone of our energy future," he said in a news release. "But it is important to make sure that this alternative-energy sector develops in a way that maintains the public's confidence."

Walter Q. Howard, president and chief-executive officer of Noble, said in a statement that his company "has always been fully committed to the ethical and transparent development of renewable resources and has supported the work of the attorney general and his staff in the development of the new Wind Industry Ethics Code.

"We are gratified that, going forward, there will be clear guidelines with respect to ethical behavior and conflict of interest," he said, "and we are committed to continuing to operate in conformity with the principles laid out in this code."

District Attorney Champagne said, "this common-sense approach will help ensure the promise of clean, renewable energy is not tainted by shady deals and improper relationships between wind-power companies and local government officials.

"I look forward to taking part in the new task force and applaud the attorney general for his leadership on this important issue."

Besides Champagne and a representative from the Attorney General's Office, the task-force members are: Wyoming County District Attorney Gerald Stout; Monroe County District Attorney Michael Green; Stephen Acquario, executive director of the state Association of Counties; G. Jeffrey Haber, executive director of the state Association of Towns; and Blair Horner, legislative director of the New York Public Interest Group.

Complaints about wind-development companies should be sent to the task force by e-mail at WindTaskForce@oag.state.ny.us.

Complaints about other industries or local officials should be made to the Attorney General's Office at 1 (800) 428-9072 or e-mail public.integrity@oag.state.ny.us.

draymo@pressrepublican.com