May 27, 2013 (Ocotillo) -- When Jim Pelley arose at sunrise and looked out over the desert from his home in Ocotillo, he noticed something missing. So he grabbed his camera to record the unusual sight.

A Siemens wind turbine at Pattern Energy's Ocotillo Express Wind Energy facility had hurled off  a multi-ton blade onto a trail on public Bureau of Land Management recreational land.  Fortunately, since the accident occurred at night, nobody was harmed.

By Jim Pelley

Photos:  Red Tail Hawk at Ocotillo. Thank God the turbines were not spinning! – Jim Pelley

May 22, 2013 (Ocotillo)--It’s been (1) week now since the blade throw at the Ocotillo Wind overseen by Pattern Energy. Wow! What a difference, we forgot what it was like without these wind turbines turning; it’s a breath of fresh air. Not seeing/hearing the turbines turning weather they are generating power or not is a huge difference and now that they are not turning it reminds of some of main reasons we moved to Ocotillo.

By Nadin Abbott

(May 16, 2013 (Ocotillo) – “It’s scary, all the dangerous things that could happen. I don’t want anybody to get hurt,” said Michaela Woolley, 13.  She spoke at a press conference at the Ocotillo Community Center today, after a wind turbine at the Ocotillo Wind Express Facility dropped a blade the length of a jumbo jet plane.  

Fortunately nobody was hurt by this accident, though Miachela’s younger brother, Albert added, “It’s scary, the blade of the wind turbine could have landed in a house.” The boy said he also said gets constant headaches that make it hard to do his homework since the turbines were installed.

History of turbine/blade manufacturer Siemens is riddled with bribery, corruption, and other scandals

An East County Magazine special investigative report

By Miriam Raftery

Sierra Robinson, Sholeh Sisson and Jim Pelley also contributed to this report

May 16, 2013 (Ocotillo)—One day after San Diego Supervisors ignored residents’ safety concerns and approved a wind ordinance that would open much of East County to industrial wind turbines, a wind turbine at the Ocotillo Express Wind Energy facility hurled off an 11-ton blade. The blade, manufactured by Siemens, landed on a trail used by off-road vehicles.   The accident has shut down the wind facility pending investigation into the cause. View video shot by Ocotillo resident Jim Pelley:

https://www.youtube.com/watch?v=x7bpbQXfFOk

An investigation by East County Magazine reveals a dark history of serious safety hazards involving Siemens’ wind products as well as a corporate past that includes guilty pleas to corruption on a global scale, including accusations of bribery and other serious charges in at least 20 nations. 

Siemens contracted with Pattern Energy, a company with its own checkered corporate past, as ECM has previously reported, to build the controversial project on public land managed by the U.S. Bureau of Land Management in Ocotillo and paid for with taxpayer subsidies.  Pattern's corporate predecessor also built the Kumeyaay Wind project in Campo, which blew apart in 2010, whirling blade parts over the area. All 75 blades on all 25 turbines had to be replaced; the project was off-line for months.

“Pattern Energy is going to pollute what it couldn't destroy… Monsanto’s Roundup is an herbicde cousin  to Agent Orange--the defoliant sprayed in Viet Nam that harmed a generation of veterans and their children… This herbicide—a neurotoxin--is going to get carried downwind. Did Pattern fail to notice that there is still a community with children here in spite of its industrialization of the area with 112 turbines and a substation?”

By Linda Ewing, Ocotillo resident

Photo: Sahara mustard, a “weed” the BLM wants to eradicate with toxic herbicides

May 14, 2013 (Ocotillo) -- Herbicide Mitigation? What is that? I heard these two disturbing words and felt panic.

I knew instinctively that it was going to have something to do with this Ocotillo Wind Energy Facility because nothing good has come from this controversial project since the day Pattern Energy uttered its first words of deception to the town of Ocotillo. Since the day the company first tried to convince us that its massive 438 foot-tall industrial-sized wind turbines were good for the economy.  And yes, the very same day we realized that human lives were disposable and irrelevant in the statistical world of giant wind turbine developers.

By Miriam Raftery

“How do you beat the national average with below average wind speeds?” Attorney Bill Pate posed that intriguing question at a forum hosted in San Diego recently by Activist San Diego.

Good question. Pattern Energy told the California Public Utilities Commission that it would reach 34% capacity at Ocotillo Express Wind Facility, a  site rated just a class 2, the second lowest federal rating for wind speeds.  The first three months of data for the Ocotillo project show only about a 19% capacity reached.   In the entire U.S., there is only a 22 to 23% net capacity on average.  

So how did the project get approved?

“I really want to say `Dismantle it and give the land back to the tribes…I’d like to ask the Attorney General to…give this commission more teeth so we could say `Tear that wall down.”  -- Commissioner Marshall McKay

View video highlights: http://youtu.be/nS93BfT6juI

  (For full unedited videos, scroll to bottom of this story)

By Miriam Raftery

April 26, 2013 (San Diego) – At a hearing in San Diego on Monday, members of the state Native American Heritage Commission heard several hours of emotional testimony from Native Americans who contend that the  U.S. Bureau of Land Management ignored their  concerns and its duty to protect a clearly documented sacred site and cemetery in the fast-tracked approval process for the Ocotillo Express Wind Facility.

By a 4-0 vote, with the remaining commissioners absent, the NAHC voted to grant requests by Viejas and Quechan tribes to declare the 12,400 acre Ocotillo wind project site a sanctified Native American  sacred site.  Further, the commissioners voted unanimously to ask California Attorney General Kamala Harris to research if legal action can be taken.

By Miriam Raftery

April 12, 2013 (San Diego’s East County) – The California Native American Heritage (CNAH) Commission will hold a hearing in San Diego on Monday, April 22 at 11 a.m. The hearing will focus on results of an NAHC investigation into local tribes' allegations that the federal government failed to protect Native American cultural resources at the Ocotillo Express Wind Facility site.

The hearing will be in the State of California Building, 1350 Front Street, San Diego 92101 (between A and Ash Streets).  

A hearing previously set for February was cancelled without explanation. The CNAH had issued a  draft report in support of claims by the Viejas Band of the Kumeyaay Indians and Quechan Indian Nation that the Bureau of Land Management failed in its duty to protect cultural resources, including human remains and sacred sites, at the Ocotillo project.  The draft staff report detailed a disturbing pattern by the BLM, Pattern Energy and a project archaeology consultant of ignoring tribal concerns and failing in its duty to protect cultural resources. 

By Miriam Raftery

March 20, 2013 (San Diego’s East County) – Pattern Energy has claimed that a Merlin Avian Radar system at its Ocotillo Express Wind Facility will detect eagles and allow turbines to be shut down to save them from the whirling blades. Avian radar is also proposed at other wind projects proposed in East County.

But now ECM has learned that an eagle was killed at Pattern’s Spring Valley Wind project near Great Basin National Park in Nevada. According to Bureau of Land Management documents, Pattern had claimed in Appendix F, its Avian and Bat Protection Plan, that it planned to install three separate radar systems at the Spring Valley project to prevent deaths of birds and bats, including both Merlin and Vesper technology. 

Pattern did not respond to an ECM request for comment. The death, along with mounting evidence indicating avian radar is failing to protect birds at wind sites, raises serious concerns over the fate of eagles in our region, where three more wind farms are proposed in San Diego’s East County.

By Miriam Raftery

March 7, 2013 (El Centro)—Superior Court Judge Richard Bohlander today granted an injunction for civil harassment relief  to protect freelance photographer Parke Ewing following a violent threat made by Russell Graham, construction manager at Pattern Energy’s Ocotillo Express Wind Facility.

Ewing’s photos and videos of the project have appeared in East County Magazine as well as on his own Facebook Page and a website documenting the project’s impacts on the desert and the community.

By Miriam Raftery

March 2, 2013 (San Diego) -- U.S. District Judge Gonzalo Curiel this week dismissed a lawsuit filed by the Quechan Indians over cultural resource impacts of the Ocotillo Express Wind Facility.   In addition, the federal judge denied  motion sought by the Desert Protective Council to protect raptors at the site.  

"It is discouraging that our democratic system of checks and balances has broken down in relation to the administration's determination to usurp our public lands for industrial energy development,” said . Terry Weiner, Imperial County Projects and Conservation Coordinator at the Desert Protective Council. “  If we can no longer count on the courts to force our federal agencies to adhere to their own laws, how  are the American citizens supposed to protect our national natural and cultural heritage for future generations?"

UPDATE: February 28, 2013 -- Judge Curiel has denied the plaintiff's motion for summary judgment.  Plaintiff's have not yet announced whether they will file an appeal.  View decision here. 

“The codes are quite clear …You can’t take a Swainson’s hawk. Not even one…There is also no take for Peregrine falcons and owls. If turbine curtailment  is good enough for golden eagles, it should be good enough for these species, too.” ----Laurens Silver, attorney for plaintiffs

“It is not the BLM’s role to enforce state law…All through downtown there are glass buildings that could cause a take.” – Marissa Piropato, attorney for the U.S. Bureau of Land Management

By Miriam Raftery

Maris Brancheau also contributed to this report

February 27, 2013 (San Diego) – Is the federal government turning a blind eye to violations of state laws intended to protect raptors (birds of prey) and other wildlife at the Ocotillo Express Wind Facility?   That’s the contention of a lawsuit filed by the Desert Protective Council, an environmental group, and others against the U.S. Department of the Interior, Bureau of Land Management (BLM), Secretary of the Interior Ken Salazar, Pattern Energy and others.

By Miriam Raftery

Photo and video by Jim Pelley

February 15, 2013 (Ocotillo) – A turkey vulture narrowly escaped death as it soared between moving blades at a wind turbine at the Ocotillo Express Wind Facility on February 12.  ECM photographer Jim Pelley documented the close call on video:  http://www.youtube.com/watch?v=Vo7fLJ9uSew

February 13, 2013 (Ocotillo) -- Photographers Jim Pelley and Parke Ewing were interviewed Sunday on the national "Wind Wise" radio program regarding the Ocotillo Express Wind Facility. Russell Graham, construction manager at the Pattern Energy project, was arrested last week for allegedly making violent threats against the photographers and attempting to wrestle a camera away from Ewing.

The freelance photographers' videos and photos have been featured extensively in East County Magazine, documenting environmental destruction and raising serious questions about limited winds at the project. The Sheriff's office has indicated it would request filing of felony charges in the case, which is currently under review by the District Attorney. A restraining order has been issued against Graham, whose violent threat against Ewing was caught on the audio portion of a video recording.

Listen to the radio interview here: http://www.blogtalkradio.com/windwise/2013/02/11/ostrander-point-and-ocotillo-express

Hear more Wind Rise programming here: http://www.windwiseradio.org/

Developer failed to provide system that keeps lights off except when planes approach

By Miriam Raftery

February 11, 2013 (Ocotillo)--Why are Ocotillo residents being subjected to 94 turbines each with red lights flashing all night long into windows of homes?  View videos: http://www.youtube.com/watch?v=0AHA7u4AurQ , http://www.youtube.com/watch?v=vP7OeAP58So

January 28, 2013 (Ocotillo) - A reader on our Facebook page posted that when she drove east over the Mountains into Ocotillo recently at night, she was startled to see an array of blinking lights that resembled an "alien invasion."

Ocotillo resident Jim Pelley sent us this photo of the "invaders" -- nearly 100 wind turbines flashing red blinking lights all night long.  The developer, Pattern Energy, promised officials and community members before the project was built that lights would only come on if an aircraft was approaching.  But as this photo indicates, the reality for Ocotillo residents is far different. Three similar projects are proposed near homes in rural East County and beside campgrounds in McCain Valley, a federal recreation area.

Commission urges CA Attorney General to file suit if mitigation requests not met

Update February 12, 2013: A hearing set for February 15 in San Diego has been postponed.

By Miriam Raftery

January 22, 2013 (Ocotillo ) – The California Native American Heritage Commission (CNAH) has issued a report in support of the Viejas Band of the Kumeyaay Indians and the Quechan Indian Nation claims that the Bureau of Land Management failed in its duty to protect cultural resources including human remains and sacred sites at the Ocotillo Express Wind Facility.  The draf staff report details a disturbing pattern by the BLM, Pattern Energy and a project archaeology consultant of ignoring tribal concerns and failing in its duty to protect cultural resources.

The tribes petitioned the NAHC to investigate and conduct a public hearing to consider tribal requests to declare the entire 12,500 acre site a ‘sanctified cemetery’.  Tribes also seek to have the project halted to assess damage and want agencies to consult with tribes to agree on mitigation measures to prevent further harm to a broader region. The case has broad national significance, with hundreds of millions of acres of public lands slated for renewable energy projects.

The NAHC has cancelled a Public Hearing that had been scheduled at the State of California Building on Front Street in Downtown San Diego for February 15, offering no explanation for the indefinite postponement.

By Miriam Raftery

View our full investigative report here. 

January 23, 2013 (Ocotillo) -- Videos shot by award winning photojournalist and engineer Jim Pelley suggest that the Ocotillo Wind Express Facility is thus far not living up to projects made by Pattern Energy, which claimed in early December that "with wind forecasts looking favorable" it expected to power 125,000 homes, News 8 reported.

It takes sustained winds of 8 to 10 mph before wind turbines are productive.  Thus far there is little evidence of any such sustained wind speeds in Ocotillo during the first seven weeks of the wind facility's operations--not even on a day when high winds were forcecast for the region.  View videos below.  Such underperformance is not unusual, an ECM investigation has found.  Watch for more details soon.

By Miriam Raftery

January 21, 2013 (San Diego) – On Friday, January 18, U.S. District Court Judge Gonzalo Curiel heard arguments in a lawsuit filed by the Quechan tribe of the Fort Yuma Indian Reservation against the U.S. Department of the Interior and Bureau of Land Management, as well as Pattern Energy and other defendants.

The suit contends that the federal government failed to protect Native American cultural resources, including sacred sites, when it allowed the Ocotillo Wind Energy Facility to be built. Moreover, Quechan contends that the federal government's reclassification of protected lands to accommodate the wind project was arbitrary--and that a similar decision to industrialize almost any public lands regardless of damage to resources could be done if the government's action is allowed to stand. 

Gas-powered plant is pitched to provide backup for non-windy days at Ocotillo wind project—also owned by Carlyle

By Miriam Raftery

January 2, 2013 (San Diego’s East County ) –Cogentrix has sold a majority of its North American assets, including Quail Brush GENCO (applicant for the Quail Brush power plant near Mission Trails) to subsidiaries of Carlyle Entities, managed by the Carlyle Group.   View letter to  California Energy Commission with details.   

Cogentrix had argued that the Quail Brush gas-fired “peaker” power plant was necessary to meet energy needs when there is now enough wind or sunshine for large-scale wind and solar projects.

Carlyle's 2009 Annual Report confirms that Carlyle also founded Pattern Energy, developer of the Ocotillo Express Wind project, a site that has drawn criticism for minimal wind resources.  But now, if Quail Brush is built, Carlyle stands to profit whether the wind blows or not.

By Miriam Raftery, videos by Jim Pelley

View video of shadow flicker.

View video of  flashing lights. 

View lights as seen through photographer's home windows.

December 9, 2012 (Ocotillo) –Ocotillo Express Wind,  built on 12,500 acres of public, formerly protected federal Bureau of Land Management property, is now filled by dozens of towering wind turbines. Each massive turbine flashes red lights all night long. During the day, long blade shadows whirl across the desert sands, so there is no time when beleaguered Ocotillo residents or campers may escape the industrial impacts.

By Miriam Raftery

November 10, 2012 (Ocotillo) – North American Development Bank has announced that it has approved a 20-year, $110 million construction loan for completion of Pattern Energy’s Ocotillo Express wind energy facility.  The bank, which is capitalized by both  the U.S. and Mexican governments, funds projects within 62 miles of the international border. 

SDG&E has signed a 20-year purchase agreement for power from the project, which is on track to become the first renewable energy project to tie into the Sunrise Powerlink, bringing electricity from Imperial Valley to San Diego.

8 of 11 awards recognize ECM's in-depth coverage of energy issues in our region

By Miriam Raftery

October 23, 2012 (San Diego’s East County) – Continuing our proud tradition, East County Magazine was once again among the top recipients of honors at tonight’s San Diego Press Club Excellence in Journalism Awards.  All entries were in the Daily Newspapers and Websites category, going up against the major print newspapers and online news sites in our region.

The majority of the honors recognized ECM's in-depth coverage of the impacts of major energy projects, including industrial wind turbines, on local rural, mountain and desert communities. ECM editor Miriam Raftery won nine awards, including a first place award in general news for Silence of the Lambs: U.S. Government authorizes killing of endangered bighorns in path of wind project.   Raftery and ECM intern Mia Myklebust shared an additional first place award in the public service/consumer advocacy category for Jacumba: A town surrounded. That story focused on the impacts of major energy projects on a small rural community.

Scroll down to see our full list of winners and read the winning entries.

By Jim Pelley

Editor’s note: For months,  ECM award-winning photographer and Ocotillo resident Jim Pelley has been documenting clouds of choking dust at  Pattern Energy’s construction site for Ocotillo Express wind energy, where citizen monitors have routinely reported construction without water trucks present and twice resulted in fines on the developer for dust violations.  In this editorial, Pelley asks why the problem continues, raising serious questions for public officials who are supposed to protect public health.  The closest turbine is just 1500 feet from Pelley’s home.

October 9, 2012 --I have been told that they can make dust on this project site as long it is not over 20% opacity for three minutes. If there are a hundred trucks making 15% opacity dust all long day long I don’t understand why this is acceptable, because at the end of the day there are large amounts of dust in the air, it’s very easy to see.

October 8, 2012 (Ocotillo) – Photographer Daren Sefcik visited Ocotillo in May, before construction began on the Ocotillo Express wind project, then returned on October 3.

Through still photos and dramatic panoramic videos that reveal 360 degree views, Sefcik documents turbines dwarfng mountains and looming in close proximity to homes. “The landscape has already been destroyed by Pattern [Energy] and it will never, ever be the same,” he said.

By Miriam Raftery

October 1, 2012 (Ocotillo) – “This project is completely wrong and it’s unethical,” said Anita Nicklen, one of dozens protesting on National Public Lands Day to draw attention to the destruction of public land in Ocotillo. “It’s our land and they’re building on public land. The desert is crying and weeping and bleeding.”

September 27, 2012  --  (San Diego’s East County)--East County Roundup highlights top stories of interest to East County and San Diego’s inland regions, published in other media. This week’s top “Roundup” headlines include:

LOCAL/REGIONAL

• County hires planning director from bankrupt city (UT)
• Census: El Cajon Has Highest Poverty Rates In San Diego County (KPBS)
• Blaze roared through quiet community like a freight train (UT San Diego)
• Turko tackles Alpine Boulevard construction woes (KUSI)
• Judicial race pits establishment against Tea Party (North CountyTimes)
• Will San Onofre outage mean relief for ratepayers? (UT San Diego)
• Pattern Energy: The bad stuff just goes on and on (Hawaii Free Press)
• Prolific disabled access lawyer to be disbarred (UT)
• San Diego’s median income drops (Fox 5)
• Pensions fall well below 80% funding level (UT San Diego)
• Could bullying be behind Ramona boy’s suicide? (10 News)

STATE

• Watchdog group faults states’ inspection of oil, gas wells (Los Angeles Times)
• Jerry Brown signs two-year reprieve for state parks (Sacramento Bee)
• Jerry Brown signs bill allowing same-day voter registration (Sacramento Bee)
• Gov. Brown signs 18 bills to help veterans, families (Sacramento Bee)

Read more for excerpts and links to full stories.

September 21, 2012 (Ocotillo) -- Parke Ewing forwarded these images showing transformation of the desert landscape in Ocotillo, where public outcry and seven lawsuits have thus far failed to stop the Pattern Energy's wind project. 

The first image reveals excavation for just one of the 112 wind turbines; this hole measures 16 feet deep.  In the sunset shot, towering wind turbines now replace the century-old ocotillo forest that once stood here, sacrified for "green" energy.

By Miriam Raftery

September 13, 2012 (Ocotillo) – Two new lawsuits were filed September 11, 2012 against federal officials and the U.S. government seeking an injunction to halt construction at Pattern Energy’s Ocotillo Express industrial wind project. 

One suit targets U.S. Fish & Wildlife officials for allegedly violating the Endangered Species Act and failing to protect endangered Peninsular Bighorn Sheep.  Active signs of bighorn activity on the site have been spotted as recently as this week and photos clearly document recent sitings in the heart of the project.

The second suit takes aim at Bureau of Land Management and U.S. Department of Interior officials for ignoring  California Desert Conservation Area protections passed by Congress to conserve fragile desert areas for future generations. This suit alleges that officials also ignored many other laws intended to protect natural and cultural resources, views, archaeological sites, and the health of local residents.

By Nadin Abbott

September 8, 2012 (San Diego)—There was tension in the air as the two legal teams got ready to present their case before District Judge William Q. Hayes.

Community Advocates for Renewable Energy Stewardship (CARES) lawyer, William Pate, observed, “This case is not about energy policies or government programs, it’s about the rule of law.” Pate argued that the government has to be ruled by laws, and that “it is no more complicated than that.” He also argued that government agencies, in this case the Bureau of Land Management, are run by people and that people make mistakes.