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Ken Kimmell & BCK Law

Ken Kimmell Mass DEP Commisioner
Ken Kimmell Mass DEP Commisioner
Kenneth Kimmell is the Commissioner of the Massachusetts Department of Environmental Commission & A Massachusetts Public Offcial     A. The Massachusetts DEP has taken little action or none to enforce the noise regulations where commercial wind turbines have been sited too close to residential homes. The state noise regulations are (310 CMR 7.10). Towns such as Falmouth & Fairhaven have wind turbines that exceed the Massachusetts regulatory regulations. The wind turbine victims describe the noise as a type of torture which includes an inability to sleep. Falmouth & Fairhaven residents have complained for four years over noise issues. These people are against the commercial wind turbines because they affect their health.      B.  BCK Law is counsel to the Cape Light Compact (CLC) and the Cape & Vineyard Electric Cooperative (CVEC) .  BCK Law's largest client by far is the CLC / CVEC complex, generating approximately $1 million per year in legal fees. These Cape Cod agencies deal with renewable energy which includes funds and grants. The CVEC web site proclaimed its ambition to install 20 industrial wind turbines on the Cape & Vineyard. The CLC & CVEC are for commercial wind turbines because they deal with renewable energy.   BCK Law stands for Bernstein, Cushner & Kimmell, P.C., Attorneys at Law ,585 Boylston Street, Suite 200
Boston, MA 02116 
   Kenneth L. Kimmell, Esq. The K stands for Kimmell .  Ken Kimmell is the Mass DEP Commissioner.   The question needs to be asked :   Is the Massachusetts Department of Environmental Protection obfuscating the noise violations of the wind turbines ?   Why hasn't the Massachusetts Department of Environmental Protection taken action under the Mass DEP regulatory noise regulation (310 CMR 7.10) ?   Is Massachusetts Department of Environmental Commissioner Kenneth Kimmell still a member of BCK Law ?   Is the relationship of BCK Law with the renewable energy agencies Cape Light Compact (CLC) and the Cape & Vineyard Electric Cooperative (CVEC) have anything to do with the inaction and obfuscation of the Massachusetts Department of Environmental Protection not taking action on regulatory wind turbine noise ?   Is there a conflict of interest at the Massachusetts Department of Environmental Protection in protecting the rights of the citizens of Massachusetts ?
Frank Haggerty February 25, 2014 at 09:32 PM
Recent email to Frank Haggerty : Frank, Don't forget Kingston! Commissioner Kimmell has stonewalled any and all requests for testing and/or relief since May of 2012. I will share my communication (see below) with Commissioner Kimmell from 2012 relative to the Kingston, Ma disaster in spite of the fact my note reveals my naive expectations that our typically protective state agencies would actually engage and respond to protect the public, as is their mission. As of tonight, February 25, 2014, the Mass DEP has not engaged in any acoustical testing of either the Independence Wind Turbine in Kingston or the No Fossil Fuel turbines. Instead, the Mass DEP has deferred the responsibility to perform the testing of the Independence wind turbine to the Mass Clean Energy Center and that effort has been a lesson in what many observe to be continued negligence and manipulation. The result is, as of tonight, Kingston residents continue to suffer from invasive and excessive noise with not a single test result other than private testing that has been ignored at both the state and local level. As an FYI: Here is the FB post from last night when HMMH opted not to perform acoustical testing on the Independence wind Turbine as the developer is claiming his turbine is having "error" issues. Oddly the "errors" appear to occur only during testing times. to HMMH in response to not testing during the morning hours of 2/25/14 Mr. Bajdek, This decision is totally irresponsible in our view. If you look at today's power production the Independence turbine seems perfectly able to produce over and above half power all the way to full power. Why aren't you acting in the best interests of the residents that need sound data? Rather than to "not want to repeat the situation" from February 22, where the turbine was shut down prior to the test period allegedly for "error" issues. If we are funding a $95,000 Mass CEC funde acoustic study and the turbine is able to produce what appears to be lots of power today then surely you can come out tonight as you say the conditions appear favorable. We are not accepting of your decision to avoid the opportunity to test on what you say look like favorable conditions. This is another example of why we are losing faith in the integrity of this process. I would ask that HMMH reconsider the plan to not bother even trying, unless you have some knowledge that Kingston Wind will shut down the turbine as they may well have done on February 22, 2014 in spite of the stated rationale for "error" issues. Trust is being lost on this initiative. Let us know if, for the sake of the residents who have been asking the Mass DEP for testing since May of 2012, you might try to have a go at it tonight. What is there to lose to test tonight as we have already lost three months.

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