Show notes
Legal battles in Oklahoma continue between the Osage Nation and Enel. Equinor faces offshore wind project hurdles amidst U.S. offshore wind regulatory issues. Plus a rebranding announcement from Deutsche Windtechnik to DWT and a new study painting wind blades red to prevent bird strikes.
Sign up now for Uptime Tech News, our weekly email update on all things wind technology. This episode is sponsored by Weather Guard Lightning Tech. Learn more about Weather Guard's StrikeTape Wind Turbine LPS retrofit. Follow the show on Facebook, YouTube, Twitter, Linkedin and visit Weather Guard on the web. And subscribe to Rosemary Barnes' YouTube channel here. Have a question we can answer on the show? Email us!
You are listening to the Uptime Wind Energy Podcast, brought to you by build turbines.com. Learn, train, and be a part of the Clean Energy Revolution. Visit build turbines.com today. Now here's your hosts, Allen Hall, Joel Saxum, Phil Totaro, and Rosemary Barnes.
Allen Hall: There's more news out of Oklahoma. The state of Oklahoma has.
Entered the legal ballot between the wind developer in EL and the Osage nation. It, we all recall on the podcast probably a year ago where the Osage Nation had won a lawsuit with the help of the federal government to take down a big wind farm in north central Oklahoma. The state of Oklahoma has filed an amicus brief opposing the immediate removal of the 84 turbines in Osage County.
Now, this is a big deal [00:01:00] because pretty much the last I saw, which is a while ago, the order was that they needed to take down all the turbines and reclaim the land, basically put it back to where it was before the turbines were placed in it. Now the state of Oklahoma is stepping into the mix and they're citing a couple of things.
They're saying that the state of Oklahoma has an interest in property laws and protecting tax revenue. However, Osage doesn't fit into Oklahoma laws. It's not their territory. And meanwhile, the Osage tribe is saying, Hey, this is over and we have mineral rights, and these turbines need to come down.
So this is a kind of a weird spot because Anelle's in the middle of this, now that the state's gotten involved against the federal government, is there a missing link here? Is, this is certain more to this story because it does seem like some wheels are turning at the moment. I think,
Joel Saxum: Phil Allen.[00:02:00]
You guys are very smart, right? But I think we need someone smarter than us to decode this whole thing as far as like maybe a lawyer that can get in there, because Alan, you hit it on the head, Osage tribe and Osage tribe lands do not actually fall under Oklahoma law. They have their own sets of laws, so you have a federal ruling saying that something must happen within, of course, the outlines of the state of Oklahoma, but within the greater outlines of the United States.
But now the state wants to be able to go against the federal ruling to have their own rights recounted for while this, the Oage tribe is saying no, like we've already passed and I think the total bill that NL is gonna was supposed to get stamped, it was like $300 million, which is crazy 'cause it doesn't cost $300 million to remediate 84 turbines.
However. This isn't necessarily a wind turbine take down exercise. This is a mining reclamation exercise after you take the wind turbines down. That's why it costs so much. [00:03:00] So there's a lot of money on the table for nl and now you have the Oklahoma Solicitor General Jerry Gary Gaskins stepping in and saying Hey, we're also getting some kind of tax revenues to the state and things like that from the wind farm.
But I wouldn't think that would go to the state in this case. I would think it would go to the Osage tribe. So I don't understand the state's. The state's position in this.
Phil Totaro: But Phil, do you have any insights on that? Unfortunately, I do not. But what's interesting about it is that you had, the federal government stepped into this whole thing because they.
Felt like the tribe wasn't being adequately represented basically, or if they were representing themselves or they had, attorneys representing them. The federal government stepped in because of the nature of the case and how the high profile would've been to, to say that yes, the tribe actually has these these mineral rights on what is effectively there.
They're a chunk [00:04:00] of the United States as you're saying, it's, they're physically located within the confines of Oklahoma, but they are their own little thing, so I. Yeah I, unfortunately I don't, and you're right, we probably need somebody smarter than any of us to figure out what is really going on with this other than obviously the state.
Whatever money the state gets from any kind of tax revenue, they don't want to ever see it go away. So it can be a nickel and they'll still chase after you for it.
Joel Saxum: But here's the other thing and Alan, I wanna get your 2 cents on what my thought is here. This is my theory, my working theory. NL has a removal order on hold pending their appeals to the federal court.
I think that as soon as 10 years and one day from commissioning date comes up, this whole thing's gonna get dropped. And they're gonna, they're gonna take this wind farm down.
Allen Hall: That's what I was wondering. Is it a repowering play that once they get to the end of the PPA life or the PTC life. Does this thing not matter [00:05:00] anymore and they're just trying to delay it and maybe the state of Oklahoma is helping anelle with that.
It is odd. When did this farm go in, Joel? It went in 20 16,
Joel Saxum: 17. It started in 2013, but it wasn't. Commissioning until 2015. But that was the initial, that was the initial thing. So PTC does a start until commission day. So that's, it's it's this year, like it's 10 years is up this year sometime.
So what is the play here? It's push off until PTC revenues are pulled. And then once PTC revenues are pulled, dcom, you know what I, Joel, I like that theory. I'm gonna
Phil Totaro: go with that.
Joel Saxum: I think that's what it is. Because they're not gonna let 'em repower it. I can guarantee you that's not gonna happen.
Phil Totaro: I think it's, it makes sense to me that they would just be trying to stretch it out because what else is the play here?
Because if, 'cause again, if the state's taking some kind of tax revenue, it's probably tax off the sale of the power, which probably goes to the utility, which has nothing to do with the Osage nation, which make would make even more sense. And then. Because of the production tax credit, [00:06:00] they get to take extra tax revenue off the power sales.
So that's probably a reason why the state would wanna step in and try to, stretch this thing out until the end of that PTC period. I gotta tell you, this is the, this is armchair
Joel Saxum: math and I'm saying PTC credits are like 26 bucks. A megawatt hour, 26 bucks, a megawatt hour, 84 turbines at 1.79 megawatts, which is what these are.
Is 150.4 megawatts, I'm gonna give them a 40% capacity factor, which is being a little bit generous. That equates to $1.126 million per month in PTC credits. So you extend this thing for six months, that's 7 million, seven and a half million dollars in L'S pocket. If they can stretch this thing for seven months just of PTC credits, it'll help pay for the decommissioning.
Allen Hall: Because that's where it's headed. Yeah. And the federal court system is not [00:07:00] something to play around with, so you gotta tread lightly here because if the federal court feels like this is just being a delay tactic to increase revenue, that will come with penalties, typically, that $7 million will go right back.
You go right into the Osage nations. Yeah. Yeah. It's interesting developing. Gotta keep track of it now because it's moved into a really unique phase beyond what I thought was possible. I didn't think the state of Oklahoma's gonna wade into this, but here we are Deutsche Wind Technique, which if you don't know Deutche wind technique, where have you been?
They have announced a strategic rebranding. To DWT, which is what everybody calls Deutsche Wind Technique in the states. It's DWT. We never used Deutsche Wind Technique and it's going to take effect in what, five different places? United States, Poland, which is odd, but, okay. France, I get United Kingdom obvious in Taiwan.[00:08:00]
And the company employs about 2,400 people at the minute, and they service about 8,000 wind turbines across 10 countries. So this is trying to address the whole pronunciation, spelling of Deutsche Wind. And, but at least in this states, because our spelling's atrocious, let's just admit it. But they're gonna keep the dornell wind technique the same and not changing it in Germany, Sweden, the Netherlands, and Belgium.
Which again makes sense. That's why Poland is in that weird offset one. Yeah.
Joel Saxum: But why just do it, just change it to DWT across the board? Maybe. Yeah. You can leave Deutsche Wind Technique in their summer, but Brandon has DWT across the board. It'll be
Allen Hall: easier. Oh, you think so? The swag is gonna be great.
The DWT swag is perfect, right? The three letter acronym that fits right on a hat. Come on,
Joel Saxum: by the way. DWT if you guys are looking to send swag anywhere, we can give you all of our addresses. We will take it and wear it on the shelf. I got no problem with that, right? I think this is [00:09:00] great, right? Deutsche Wind Technique, technique.
Technique, doche, like wherever you go, right? You hear someone say it differently. Yeah, I think it's gonna be it's good for the brand. Even the, I hope they change their emails. Please, if someone's listening, change your email aliases to just DDWT instead of having to type that off. But yeah, good move.