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Wind Turbine Promises Mostly Hot Air, Suit Charges

March 20, 2007

Wind Power • New York Probes Wind Power Companies • Wind Turbine Promises Mostly Hot Air, Suit Charges

Massachusetts Attorney General Martha Coakley has filed suit against Mark Howland, of East Freetown, and his business, WindTechCo, for making false and misleading representations in promoting the sale of wind turbines, failing to install turbines for which consumers paid, and installing unsafe wind power systems.

The complaint was filed in Fall River Superior Court before Judge Richard Moses. Judge Moses granted a temporary restraining order to stop Howland from soliciting sales of wind turbines and placed a freeze on Howland's bank accounts.

"We live in a time when it is crucial that we seek out alternative energy sources, including wind power, and Massachusetts has implemented some innovative programs to encourage alternative energy use" said Coakley. "It is troubling that individuals who were attempting to be more environmentally-conscious were not only taken advantage of financially, but also that their safety was put at risk by this unscrupulous contractor."

The complaint alleges that Howland also misrepresented the power generation capabilities of the turbine systems, and did not disclose to customers that certain local permitting was necessary for the installation of the turbines.

In many instances, local building inspectors notified consumers that construction of the turbines would need to be halted and that systems already installed violated zoning laws.

In addition, the complaint alleges that Howland made false representations to customers in order to sell wind turbine systems. Specifically, Howland misrepresented to customers that the Massachusetts Technology Collaborative (MTC) would reimburse consumers for a large portion of the purchase of the turbine systems.

The MTC is a quasi-state agency which runs a renewable energy grant program that encourages private homeowners to install wind or solar systems to power their homes or businesses. The program partially reimburses homeowners for the installation of these systems upon completion. Howland misrepresented that the reimbursement was automatic.

The complaint further alleges that Howland received funds for the installation of turbine systems that he then failed to install. Of the approximately 80 consumers from whom Howland has collected some type of payment, WindTechCo has only installed the turbine systems for approximately 20 of those individuals. In many cases, Howland collected a substantial deposit, and WindTechCo either did not complete installation, or in some cases, has failed to even commence work on the sites.

The complaint also alleged that of the systems that Howland and WindTechCo did install, most if not all were installed in an unsafe and ineffective manner. Specifically, most of the installations did not meet the specifications of the turbines' manufacturer. As a result, not only do the turbines not provide the energy that they should, and that was promised by Howland when he sold the system, but they also present a safety hazard.

Inspections of the installed systems uncovered bent monopole towers, worn and frayed electrical wires, improperly installed foundations, and towers constructed below the height requirements for optimal energy production, the suit charges.

The Massachusetts Technology Collaborative (MTC) referred the matter to the Attorney General in January 2007 after receiving numerous complaints from Howland's customers, which led to today's complaint.

Attorney General Coakley encourages the exploration of alternative energy sources but cautions customers to consider these tips before doing so:

• Before choosing a manufacturer or installer of alternative energy, ask about their track record and ask for references. Contractors should be able to show a record of success with other buyers.

• Call the Massachusetts Technology Collaborative at (508) 870-0312 to see what type of feedback they have received about the contractor.

• Check with your local building inspector to see if permits are required.

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