“Cease & Desist” for NexTerror Energy? No thanks.

March 22, 2013
Awanish Sinha, McCarthy Tetrault  LLP
PO Box 48, Suite 5300, Toronto-Dominion Bank Tower, Toronto, ON  M5K 1E6

Dear Mr. Sinha,
Re: CEASE & DESIST DEMAND ON BEHALF OF NEXTERA ENERGY CANADA, ULC (“NextEra”)

Thank you for the letter dated March 20, 2013 that was dropped between my doors the other day.

The reason I (and “we” the communities in rural Ontario) are referring to your client  Nextera as “Nexterror”, is that we feel it is “fair comment” considering this companies actions and behaviour in the past and present in our communities.

We believe that Nextera creates “errors” and “terrors” in our community, and that these facts are well known to the public and therefore these facts are notorious.

At the same time, we have published these facts on our website: Ontario Wind Resistance. They include:

Terror:
Eagle Nest/ Wildlife destruction

Picture 003-The “First Video” clearly shows the destruction of an eagles nest.
-The “Second Video” shows Tom Bird of Nextera saying,The authorization we got from the ministry of natural resources was to destroy this nest”.

Clearly this is terrorizing the community when 18 men with chainsaws and bulldozers descend on, and proceed to cut down an active eagles nest. Even those in favour of turbines are horrified by this despicable action.

You have no right to ask that these movies be removed, and in fact you did not give a single reason as to why you thought the “Second Video” should be removed, as “Nexterror” does not appear on it anywhere. It seems that Nextera would just like to bury this incident and remove the evidence from Youtube.

Below are some of the numerous reports published on Nextera’s destruction of the eagle nest and other wildlife and their habitats:

Community destruction

Nextera is not transparent to our community, whether it be to municipal and county officials, or those who will live with wind turbines. Below are articles that demonstrate the ‘terror’ tactics this company uses in our community:

Leases/Agreements

Nextera has been excessively aggressive with forcing people and municipalities to sign agreements and easements. Their tactics have Nextera coming across as bullies.

A quote from the first article below: “Some landowners are refusing NextEra an easement for transmission lines and may ultimately be forced to co-operate through provincial orders. “We take legal action if we have to,” [Nextera] said.

Lawsuits

NNexterrorBulliesextera has been extremely forceful lately with their legal actions and threats, as shown in the numerous published articles below.

A quote from the Tyson Dyck, legal counsel for NextEra in the first article below:“You may also know that under Ontario law there is potential liability, not only for municipalities, but also for individual municipal officials,” Dyck continued, “where there are actions taken that result in damages based on unlawful legal actions, such as the passage of a bylaw.”

Health/Safety

Nextera ignores the health and safety concerns of the citizens of Ontario and abroad. The threat of hundreds of turbines coming to my community and destroying our health, my kids health, most definitely terrorizes me, and most others in my community.

Police and Security

Nextera is notorious for having heavy security at their public meetings. Some of the threatening and demeaning tactics used have been documented and published below. Yes, this has brought a level of terror into our communities that many of us have never experienced before in our lives.

nexterrorError:

Nextera became notorious for having ‘booking errors’ in the last year. They adverstised  and booked a meeting in a school that was closed for the summer & a township office that was too small. The advertised, but forgot to book a community centre in the summer of 2012, and again in February 2013. This is why they are also known as NextError in our communities.

Over the years these numerous articles have been published and the therefore your client is referred to as Nexterror in our community because of the above notoriety they have established. This demonstrate why we believe it is “fair comment” to refer to Nextera as “NexTerror” and “NextError”

Yours truly,

Esther Wrightman

26 thoughts on ““Cease & Desist” for NexTerror Energy? No thanks.

  1. I absolutely LOVE this letter. It brings it all home, the deceit, the devastation, and the complete lack of respect for whatever community they are destroying at the time. No moniker could be more accurate. Next terror is exactly what they are!!!!!

  2. Excellent Esther! What a bunch of low-life thugs the NexTerror people are, not fooling anyone.

  3. So – I think that if they were foolish enough to actually go to court, the letter above with all the pages linked to, would be evidence of your response.
    Wouldn’t it be fun to read all that out in court – for the media?
    And I really love your closing photo – just in case they aren’t sure what your attitude is…
    A letter to be proud of, Esther.

    • That closing photo was of a sign made a by a person who is badly affected by wind turbines. You can feel the pain, anger, frustration and defiance pouring from this piece.

      • It is by far, my favourite sign…..(the one about Mayor Joyner’s balls has to come second! ROFLOL!)

  4. I’ve heard these words spoken a few times in my life. “If you poke a hornets’ nest once too often you might just get stung by your efforts” Now this could be said for both sides in this situation but I’m with you on this one Esther.
    You can see clearly see from their legacy online this company has not always played fairly with anyone or anything in any of their operations. It’s typical of these folks to attempt to beguile their way to success and if that fails, resort to the tactics of bribery, terrorizing and or intimidation.

    In light of this, please be cautious on where this could be heading
    Keep your stick on your sign

  5. With all the political, business and environmental U.S. connections they have they thought it would be easy to intimidate Canadians.
    If this company loves IWTs so much they can take them back to Palm Beach Gardens, Florida and see just how far they will get trying to install them there.

    • Especially since in Florida it’s against the law for a contract to contain a gag clause . . .

    • And it appears that this company is getting Canadian funds to install turbines here? so much for foreign investments!

  6. As long the red politics is at the power in Ontario, we will not win the fight with Nextera. Sound bad but this is the true, they have money and Ontario guverment need it so….

    • What money is the Ontario government going to get out of this? A cut out of Hydro bills?
      Check out where NextEra is getting the money for their projects!

      • Barbara, is so simple, they are sponsoring the red party to pass the laws in their interes, is not about from where are the money for project, is about the rights what they have here in Ontario. Why do you think all the provincial laws are in favor of green energy companies and not to the citizens of Ontario? Why we can not say: I don’t want a turbine so close to my house, or why the municipality can’t say I don’t want on our land why? Because there are provincial laws made by tax man or red party which they give these company the power to place the turbine whatever they want…….

      • You got it Douglas. I can’t say the other political colors: blue, orange or green are better but, the red ones hurt us a lot with the turbines.

  7. Good letter! Perhaps we all should in turn
    Write them a ceast letter also!

    How many people have issues with them??

    Theyve stepped on my toes hard! Theyve encroached on my property 9 acres and was caught doing so…..( and told the county they went out of their way to move thier turbine back.. only when I called a laywer, not like they would have done it if I didnt say anything!

    And, They missed my house on thier draft site plans, whoops is there a house there?? Hmmm didnt catch that.

    Didnt do a bird study anywhere near a ducks unlimited site, four turbines going up but didnt know the mass of water was even there ( very good job there experts!)

    Planning on using our right of ways instead of the leased owners lands ( wouldnt want to wreck thier prime lands, just ours)

    Putting access roads on 2 sides of me. Oh joy thanks for that!

    Said that shadow flicker never ” killed anyone”!

    Using decreased setbacks without telling ALL landowners near by!

    Labeling our lands to be ” only seasonal”
    Not much human activity! Well since you forget houses in the area i guess youd think that !

    Also labeling our only public school as a ” vacant lot” to get a permit! ( outstanding really!)

    And well im sure theres so much else if you ask anyone in this soldout township.

    So cry foul next terror and next error? What a joke you people are. Your companies a smarmy bunch!

    We should all go after you
    To do the same, except we have real reasons to!

    Not the poor me your hurting our name, your hurting peoples lives! Video and titles dont outweigh REAL people you doofs!

    FOUL right back at ya!

  8. Nextera had West Grey cops-for-hire drag me out of their product promotion meeting in West Grey a few years ago. Why? Because I was holding Health Studies before Turbines signs and was quietly going along the back of the room to sit down with them. Next Terror is right. There was a letter put together in 2011 about all the bad business practices in Nextera/Florida Light and Power record. It was in the Wellington Advertiser if anyone is able to hunt it down. I believe Elissa Krul was the author.

    The area it came from now has Nexterror turbines jammed in with the results all these giant GD turbines bring: Sick People, Sick Animals and Sick Communities.

    • Here is the article. I copied and pasted into comments, it is fairly lengthy though. It was an article submitted to the paper in Feb. 2011:

      Published in the Wellington Advertiser, Jan 21, 2011

      I live in Arthur, Ontario, and am located in the middle of the study area of a proposed wind farm by NextEra Energy/FPL (Florida Power and Light Co.) As a resident of the area, I am concerned with the project and its negative effects on the health of humans and livestock (there are several dairy, hog and poultry operations within the study area), coming from the audible and inaudible sounds emitted, as well as it being placed in a rural setting and disturbing the wildlife that lives in the local bush. So in frustration I began researching the company of NextEra Energy as it is known in Canada, but in the United States it was known as FPL up until the Spring of 2010. I was alarmed at what I found about this company, that prides itself on being one of the greenest energy companies.

      On November 30, 2010, NextEra held a public consultation meeting in Drayton, Ontario regarding the proposed wind farm in Arthur. Many of those that came to the meeting, heard over and over throughout the night, that NextEra owns and operates 9,000 turbines. 9,000 turbines equates into green credits, a lot of them. Green credits, or Green-e Certifications can help offset a company’s carbon footprint, so to the public eye the company appears to be doing minimal damage to the environment. This is the case with NextEra/FPL.

      On the NextEra/FPL website you can find a map of the United States that shows the company’s portfolio of energy facilities. More than two thirds of them are wind or solar, the other third are a combination of nuclear, natural gas, oil, and other. The picture looks good. However, another map on the home website of the company shows the generation facilities in the state of Florida alone. The majority of electricity generated by FPL in Florida comes from oil/gas burning plants, as well as nulcear and coal plants.

      Therefore, the 9.000 turbines are there to offset NextEra’s massive carbon footprint. One such example is a coal plant in neighbouring state Georgia, the Scherer Power Plant in Juliette, Georgia. FPL owns 76% of unit 4 (there are 4 units in this plant). This coal plant is the largest point-source of CO2 in the United States. It emits annually, 27 million tons of carbon dioxide! Scherer can burn through an average of three train loads of coal per day, which is shipped from Wyoming, 1800 miles away.

      In the Sun Sentinel paper of Florida, it states that FPL has three of the top 12 dirtiest plants in Florida, one of them being the Riviera Beach Plant, an oil/gas burning plant. It has been in operation for nearly 50 years. Plants that are built before the late 1970′s are exempt or partially exempt from tougher pollution standards. Consequently, older plants can legally emit more nitrogen oxides and sulfur dioxides. Many of these older generation power plants make up a substantial part of FPL’s portfolio. The Wyman Station in Maine, owned by FPL as well, burns oil, it has also been in operation for nearly 50 years. It was stated on the Natural Resources Council of Maine website that the Wyman Station power plant was the largest source of pollution in the state of Maine, releasing thousands of tons of air pollutants annually. A year after this article was written the public and the Board of Environmental Protection demanded that FPL clean up nitrogen oxide air pollution at the Wyman Station. The plan did not allow FPL to purchase “pollution credits” as a way of avoiding the clean up. So FPL had to install pollution control equipment at Wyman. A report, from High Beam Research, following the installation of these cleaners, found that the Wyman Station power plant is still responsible for 43% of sulfur dioxide that is released into the air in the state of Maine.

      One more notorious gas/oil power plant belonging to FPL is the Martin Power Plant in Florida. The original power plant was permitted in 1972 and had a nameplate capacity of 400 MW. Today the plant stands at 3750 MW and sits on 11, 300 acres. It is the largest fossil fuel plant in the United States. The Martin Power Plant is located next to Barley Barber Swamp, an important wetland ecologically and archeologically. The wetland has all been but declared dead. Analysis of this wetland has shown that it is being dewatered because of the massive draws of water that the Martin Power Plant requires for its cooling system. This water used in the cooling process is sent back into the wetland full of expelled pollutants and effluent. FPL’s Martin plant is not only responsible for the disastrous water usage, greenhouse emissions, and effluent intrusion, FPL has also betrayed their committment from 1973 (when the plant opened) that states, “The swamp containing several of Florida’s endangered species, will not only be saved, but also preserved and enhanced.” The swamp shows imminent collapse.

      NextEra Energy/FPL owns or has holdings in five nuclear plants in the United States. The St. Lucie Nuclear Plant, owned by FPL, earned itself the distinction of being one of the worst run facilities in the nation by the Nuclear Regulatory Commission (NRC) just this past summer. St. Lucie continues to have problems with critical safety systems. The Turkey Point Nuclear facility, which is also owned by FPL, has been fined $70 000 for improperly maintaining highly radioactive spent fuel.

      In a nuclear facility radioacitve waste is a by product. This radioactive waste can include contaminated gases, liquids, and solids. The radioactive waste management system is to collect, process and recycle or dispose of radioactive waste, or radwaste. In some cases, radwaste is intentionally discharged into the environment, while in other circumstances is released accidentally. Intentional and accidental discharges is regulated by the NRC. The plant is to submit reports that disclose the amount and composition of the radwaste discharged. In a pressure water reactor or a boiling water reactor liquid radwaste is collected through drains that capture plant spills or water from equipment that releases liquid radwaste periodically through the process, as well as water rejected from other systems due to chemistry problems. This liquid radwaste is sent and stored in many tanks. Here the water, or radwaste is cooled to allow the radioactive gases to be released and then collected. When the radwaste reaches below a specified limit of radioactive material, it can be released into the environment. However, there are times when the quantity of the liquid radwaste to be processed is too much for the radwaste management system to handle. In this case, the radioactive waste would simply be discharged. This has happened with both Florida facilities owned by FPL.They have had to shut down due threats from hurricanes making landfall in close proximity of these nuclear power plants. There is much controversy over how this radioactive waste can effect humans. Many believe, that the radioactive waste coming from these plants is a direct cause of the higher frequency in which cancer is being diagnosed in the areas downwind/downstream of these nuclear plants.

      FPL/NextEra Energy stands behind everyone of their facilities, therefore we can conclude NextEra stands behind every fossil fuel burning plant, every molecule of carbon dioxide, nitrogen oxides or sulfur dioxide that is released into the atmoshere. Every sanctuary for wildlife that is destroyed because of radioactive waste being discharged into it, or simply depleting an ecosystem of it’s lifeline, is supported by NextEra Energy/FPL. Does this company sound like it is concerned with the planet that we live on, the air that we breathe, the water that we drink, or the community we live in? No. As usual with mammoth companies such as these, they are only concerned with the bottom line and securing more green credits to offset their green house gas emissions courtesy of another wind farm. Is FPL the only one like this? No. Look at Suncor. They operate wind turbines, but they also own the oil tar sands in Alberta. Look at Invenergy. They operate wind turbines too. But, they also own and operate many natural gas fired power plants too.

      Are we making a greener Ontario by putting up these Industrial Wind Turbines and in turn, supporting American companies who are guilty of contributing to the environmental predicament that we are in? The bottom line is, No.

      Elissa Krul, Arthur

  9. The physical, mental, and emotional cost of fighting the turbines is high….but the cost of not fighting these things is astronomical. Either way, or any outcome, we need to be able to say that we fought with everything we have in us. If this province is decimated, it will not be any fault of ours.

  10. Wow, you are such an inspiration Esther. We are behind you 100% and everyone else who’s fighting these b——‘s. Keep up the good work.

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