Wind Power Deal Reached – See Page 4 for details

DelawareAudubon
www.delawareaudubon.org Vol. XXX No. 2 • Summer 2008

Citizens for Clean Power Honored at Annual Meeting

Delaware Audubon's annual Conservation Award was presented to
the executive committee of the Citizens for Clean Power (CCP), a
grassroots Sussex County organization dedicated to supporting
clean, renewable energy. Members of the Executive Committee
include Kit and Bill Zak, Pat Gearity, Nancy Feichtl, Kim Furtado,
Connie Peterson, John Austin, and Charlie Dunham.
This is the first time the Delaware Audubon Conservation Award
has gone to an organization. Delaware Audubon Conservation
Chair Nicholas DiPasquale presented the award. He noted that Kit
and Bill Zak began raising questions about the Indian River Power
Plant in 2002. DiPasquale said one of the things that makes CCP
unique is that it never formally organized "because they didn't
want to put their energies into building an organization, but rather
into focusing on direct action."
The CCP executive committee formed in 2006, meeting in
members' homes. Their initial focus was on cleaning up or
shutting down the Indian River Power Plant. That remains the
primary focus today. They are engaged in the political processes
related to clean energy development in Delaware.

CCP also has been a leader in the successful effort to win approval
of the Bluewater Wind offshore wind energy project. Kit Zak, one
of the founders of the group, was quoted on National Public
Radio: "I would love to see those windmills out there, because it
would mean we were moving away from global warming and we
were doing something progressive and something for the future
generations."
DiPasquale said many organized environmental groups, including
Delaware Audubon, have played a supportive role to CCP. “They
are teaching us a few things," he said. "I personally believe that
much of their success has been the result of not being burdened
by the past. In addition to being able to speak articulately about
the issues, they also have a better developed sense of effective
political action."
"Indeed, they brought Delaware's environmental community
together, taking the best of what each organization had to offer.
They have traditional qualities that motivate many of us:
determination, commitment, and a strong sense of what's right."

At the Annual Meeting, Delaware Audubon also elected officers for

the next year: Mark Martell, president; Fred Breukelman, vice
president; Ellen Wright, secretary; and John Knox, treasurer.
Benjamin Turover and current conservation chair Nick DiPasquale
were elected to three-year terms on the Board of Directors. „
PHOTOS: Top – Bill Zak speaks about CCP; Middle – Guests enjoy a
buffet lunch before the award presentation; Bottom – Award recipients
Bill Zak, Kim Furtado, Pat Gearity, and John Austin.
FROM THE PRESIDENT
In the last newsletter I focused on the impact of feral cats on bird populations. Our friends
at the Delmarva Ornithological Society (DOS) contacted me with a concern regarding the
following line:
“It is my hope that our members, if they witness stray or feral cats, will help to take action
by contacting their local organization that will capture these animals and administer
appropriate care.”
DOS was concerned because they knew someone who was experiencing difficulty getting
rid of a feral cat population. This individual couldn’t find an organization that was willing to capture and
remove the colony of cats that had formed at an industrial site. As I pointed out in my letter, most of the local
organizations that deal with feral cats are concerned with managing these populations, not with relocating or
eliminating them.
However, spurred to provide more definitive answers by DOS’s inquiry, I asked New Castle County
organizations what was available. The SPCA told me that they indeed do not capture and process intake for
feral cat populations, but they do refer interested parties to Critter Control of Delaware. According to the
SPCA, Critter Control will capture a feral cat colony and take the animals for further processing. Their website
is at: www.crittercontrol.com/offices/Delaware/about_us.php
I also reached out to Kevin Usilton, the executive director of the Delaware Humane Association (DHA),
www.dehumane.org. He told me that DHA has received a grant from PetSmart to help area farmers deal with
feral cats. They control populations using Trap-Neuter-Release techniques. DHA has a mobile unit and Kevin
knows of other mobile units in Sussex that deal with this problem. Kevin also informs me that the City of
Wilmington has a contract with the SPCA in handling feral cats as well.
None of the solutions offered are ideal. The feeling among ornithologists remains — there is a perception that
feral cats continue to use birds as a food source. Yet, similarly, the feral cat advocates continue to suggest
that domestic bird mortality is more related to habitat change or loss than to feline predation. While DOS,
Delaware Audubon, and others continue to fight daily to protect the migratory shorebird populations, we have
to remain vigilant to protect Delaware’s native birds by keeping our eye on animal rights issues such as feral
cats.

Mark Martell, President

THE DELAWARE AUDUBON NEWSLETTER IS PUBLISHED  TELEPHONE:

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 THIS MONTH’S EARTH SAVING TIPS
Summer Travel Tips
Gas prices and summer smog should inspire everyone to
promote fuel efficiency. Here are some tips that will help
you go further on each gallon of gas. For more
information on improving your gas mileage, visit:
www.fueleconomy.gov
: Don’t speed. Being a good driver can save you
some dollars at the pump. Speeding uses extra gas.
Also, rapid acceleration and hard braking are
inefficient and lower your gas mileage.
: Turn your car off. Idling can use a lot of gas.
Generally, it’s more efficient to turn the car off and
restart when you are ready to go. If you are thinking
of hitting the drive-through, consider parking and
picking up food inside.
: Change your air filter. Cleaning your air filter
regularly can improve your gas mileage significantly.
: Ensure your tires are properly inflated. Car
tires that are under-inflated will lead to poor gas
mileage. You can often find the correct pressure for
your car printed on the edge of the driver’s side door.
: Still too low? Consider getting a tune up. A
tune up will generally make a modest improvement in
your miles per gallon. Some parts (like oxygen
sensors) can make a significant difference.
: Don’t drive unless you have to. Try walking
or bicycling when traveling short distances. Take the
bus whenever possible (www.dartfirststate.com). If
you’re going on vacation, consider taking a train
instead of driving or flying (www.amtrak.com).
These earth saving tips were provided by Earth Share, a federation of
America's leading non-profit environmental and conservation charities. Earth
Share promotes environmental education and charitable giving in workplace
employee campaigns. For more tips or to find out how your workplace can
help the earth, visit www.earthshare.org or call 1-800-875-3863. „
Piping Plover Illustration by Steven D’Amato
UPCOMING EVENT
Environmental Candidates Forum
Scheduled for Tuesday, August 19
in Wilmington
Submit your questions and learn more about the
environmental positions of all of the primary candidates
for governor
The Delaware Chapter of the Sierra Club is sponsoring a
Gubernatorial Candidates Environmental Forum on
Tuesday, August 19, 2008, at 6:30 pm. This free, non-
partisan public forum is co-sponsored by the Delaware
Audubon Society.
The forum will be held in the auditorium of the Jewish
Community Center on Garden of Eden Road in Wilmington.
All candidates participating in the primary election for the
governor’s race have been invited to participate and will
answer a variety of questions relating to Delaware’s
environmental future.
The doors will open at 6:30 pm and information tables will
be available for browsing. The forum will begin at 7 pm. If
you would like to submit a question for consideration,
please send it to: questions@votefortheearth.org
Other forum sponsors include the Jewish Community
Relations Council, Appoquinimink River Association,
Citizens for a Better Sussex, Citizens for Clean Power,
Climate Change Coalition for Study and Action, League of
Women Voters of Delaware, Delaware Native Plant
Society, New Castle County Civic League, Partnership for
the Delaware Estuary, and the University of Delaware’s
Center for Energy and Environmental Policy. „
JOIN DELAWARE AUDUBON NOW!
INTRODUCTORY MEMBERSHIP OFFER
For $20.00 Receive Membership to
National Audubon Society and Delaware Audubon Society
Name _____________________________________________
Address _____________________________________________
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Referred By _______________________ Date ______________
Please make all checks payable to: National Audubon Society
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D90
Bluewater Wind and Delmarva Power Reach Agreement
A lengthy effort to approve the nation’s first offshore wind farm is
nearing final approval. On June 23rd, Bluewater Wind Delaware, a
subsidiary of Babcock & Brown, announced a 25-year contract with
Delmarva Power to sell the utility up to 200 megawatts of power from
an offshore wind farm to be built 11.5 miles off the coast of Rehoboth
Beach.

"This contract is a significant step toward developing Delaware's first

Image of Kentish Flats Wind Farm (UK) © Elsam/Vattenfall Group

offshore wind farm, which will almost certainly be the first offshore wind
farm in the country," said Hunter Armistead, head of Babcock & Brown's
North American energy group. "This offshore wind farm will harness the
strong winds off the coast of Delaware to bring clean and renewable
energy, stable power rates and new jobs to the area."

"This is an historic day for our country," said Bluewater Wind President
Peter Mandelstam. "By signing this contract for the sale of pollution-
free, stable-priced energy, Bluewater Wind and Delmarva Power will
usher in a new era of power generation. We now expect even greater
interest in offshore wind farms, which will help reduce our dependence
on foreign sources of fuel and will serve to aid in the fight against
climate change and sea level rise."

Delmarva Power has agreed to purchase 200 megawatts of power produced by the wind farm that is expected
to have an output of up to 600 megawatts. Bluewater Wind will determine the final size of the wind farm
within two years, during which time the company will seek additional buyers of power. In addition to its
contract with Delmarva Power, Bluewater Wind has entered an agreement with the Delaware Municipal Electric
Corporation for the sale of approximately 100,000 to 150,000 megawatt hours of power and 17 megawatts of
capacity to its nine member utilities.

The agreement received legislative approval in late June, allowing changes to the state's Renewable Portfolio
Standard (RPS). These changes enable renewable energy credits (RECs) from the offshore wind farm to be
credited to Delmarva Power's account at a rate of 350% (or 3.5 credits) per REC. One REC equals one
megawatt-hour of electricity, which equals the average monthly amount of energy used by a Delaware
household.

A July 17 public meeting of the Delaware Public Service Commission (PSC) will provide the final public
opportunity to support the Bluewater Wind/DPL contract. The four deciding agencies – DNREC, the Controller
General, the State Office of Management and Budget (OMB), and the PSC – must give final approval at a July
31 meeting. Written comments in support of the contract can be made until July 21. Email all written
comments to: karen.nickerson@state.de.us and reference: Docket No. 06-241. Final regulations regarding the
leasing of land on the Outer Continental Shelf will need to be adopted by the U.S. Department of the Interior's
Minerals Management Service (MMS); draft final regulations are currently being reviewed by the President's
OMB.

In the interim, Bluewater Wind will begin the initial planning stages for the wind farm that will include avian
studies, installation of a meteorological tower and onsite wave buoys, commencement of more site borings,
designation of the final wind farm layout, and work on staging, operation and maintenance ports. „

 Read comments from Delaware Audubon Conservation Chair Nick DiPasquale on page 7.
CONSERVATION REPORT
c Regional Greenhouse Gas Initiative (RGGI)
– SCR 28 Work Group on Carbon Auction
Under SCR 28, DNREC established a Carbon Auction
Workgroup to attempt to resolve the issue of how much of
the carbon allowances for Delaware power plants should be
auctioned and how the funds from the auction should be
utilized. The RGGI agreement signed by Delaware and the
other nine RGGI states provides for a 25 percent minimum
auction, although virtually every RGGI state except
Delaware has already decided on essentially a 100 percent
auction. Delaware Audubon and the Sierra Club of
Delaware proposed that Delaware should move forward
with a 100 percent auction as virtually every RGGI member
state has or plans to. These funds would then be used to
provide incentives and financial support for reduced or non-
carbon emitting technologies, energy conservation and
efficiency projects and programs.
One vehicle for administering the auction funds is the
Sustainable Energy Utility/Future, although the chief
proponent of that initiative, Sen. Harris McDowell, was not
convinced that a 100 percent auction was necessary or
desirable. Sen. McDowell also suggested that the private
financial markets are willing to provide as much as $30 to
$50 million to capitalize the fund and therefore the SEU
doesn’t need the proceeds from the carbon auction.
Electric power industry representatives produced a proposal
to increase from a 50% initial auction to 100% in 10%
increments over 5 years. We presented a proposal that
would provide for 100% auction and allow 25% of the
proceeds to go to the SEU, with the remaining 75% going
to a citizen-based oversight committee to be used to
support renewable energy sources. Sen. McDowell and Dr.
John Byrne of the University of Delaware Center for Energy
and Environmental Policy (CEEP) did not embrace this
proposal and argued that all of the proceeds are required to
go to the SEU, a point with which we vigorously disagreed.
A report of the work group was prepared and issued by
DNREC on the Carbon Auction Workgroup with which we
have taken great issue. We didn’t believe it was a fair or
accurate representation of the work group’s deliberations.
The environmental representatives on the work group
issued a minority report calling for a different allocation and
distribution scheme that would increase the auction and
direct the funds to low-income weatherization and heating
oil assistance program. The goals of RGGI are rather
modest and we concluded that we would rather see the
state fail in implementing RGGI than acquiesce in allowing
McDowell to have unfettered control of millions of dollars
annually from the carbon auction proceeds.
At the end of the day, the General Assembly enacted
legislation (SB 263) that provides the power generators
with an unearned and undeserved windfall and which does
not make the most effective use of the auction proceeds.
BY NICHOLAS DIPASQUALE
d Sustainable Energy Utility (SEU)
Delaware Audubon supported the establishment of the
Sustainable Energy Utility when legislation was first
proposed in 2007. Legislation to establish a Sustainable
Energy Utility passed the General Assembly and was
signed by the Governor in 2007. Under this law, the
“Utility” was to be governed by the original Task Force
members (mainly legislators) who developed the
legislation. They served as a de facto Board of Directors
until they proposed legislation that recommended a
specific Board make up. We recommended to Sen.
McDowell, principle architect of the SEU on at least 2
occasions that the governing board of this body needed
greater representation from the conservation
community. Other environmental and conservation
organizations made similar comments.
The SEU applies to all fuels and sources of energy and
holds great potential for reducing energy consumption
and carbon emissions as well as many other emissions
associated with fossil fuel combustion, including cars.
While the SEU has great potential there is also great
potential for abuse. Because of our protestations and
those of other organizations, legislation was passed (SB
228) that improved the diversity of interests represented
on the newly created Board of Directors. It is imperative
that members of the environmental community exercise
some oversight of the SEU to ensure it operates
effectively and achieves its energy conservation
objectives.
e Delaware River Main Channel Deepening
Project
This project appears to be moving again. Pennsylvania
had reached an agreement with New Jersey to move
forward with the Pennsylvania Regional Port Authority
taking over as the project sponsor. More recently, New
Jersey Governor Jon Corzine indicated that Pennsylvania
had not fulfilled its obligations under the agreement and
has expressed opposition. The Corps still needs to get a
Subaqueous Lands Permit from Delaware. A hearing
officer’s report was issued in 2002 recommending the
project be denied. DNREC has taken no action on the
permit in the 6 years since the hearing officer’s report
was issued. Delaware’s environmental community
continues to be opposed to this project and is prepared
to take action if it appears the project is moving
forward. „
 9 Filed lawsuit against the US Department of Interior (US DOI) Fish & Wildlife Service (FWS) for Prime Hook
Highlights of Activities, 2007-2008 National Wildlife Refuge (Sussex County, DE) for violations of the National Wildlife Refuge System
Administration Act and the Refuge Improvement Act of 1997 for failure to conduct Compatibility
Determinations and Environmental Assessments for farming and the use of genetically modified organisms
(GMO). The case is still working its way through the courts.

9 Participating in the development of a Comprehensive Conservation Plan for Prime Hook National Wildlife
Refuge (Sussex County, DE).

9 Filed a petition to enforce judgment against Texaco Refining & Marketing for failure to conduct studies in
accordance with a court order under the 1988 citizens suit brought by Delaware Audubon and NRDC.
Negotiated a $2.25 million settlement directing funding to environmental restoration projects on Pea Patch
Island, Dragon Run, Branch Canal, Main Street Delaware City Eco-Tourism Project, Tri-State Bird Rescue,
Delaware Native Plant Society, and the Delmarva Ornithological Society.

9 Participating in the Red Knot Coalition (NAS, American Bird Conservancy, NJ Audubon, DE Audubon,
American Littoral Society, Delaware Riverkeeper, Defenders of Wildlife, Sierra Club of Delaware)
o Filed suit against US Interior Department under the Administrative Procedures Act and Endangered
Species Act for failure to list the Red Knot on the federal Endangered Species List.
o Testified in support of enactment of a 2-year moratorium on horseshoe crab harvesting in DE.
o Intervened in attempts to overturn the NJ DEP horseshoe crab harvesting moratorium.
o Appealed decision by Delaware Superior Court to overturn Delaware horseshoe crab harvesting
moratorium.
o Provided assistance and support to the “Friends of the Red Knot,” a group of grade school
students from Green Mount School near Baltimore who established the group to help protect the
Red Knot. www.friendsoftheredknot.org

9 Participated in the NAS Global Warming Conference in Park City, UT

9 Sent volunteers to participate in the NAS Global Climate Change Training in DC, followed by visits to DE
Congressional offices.

9 Participated in press release and media follow up to USPIRG report “Feeling the Heat” and “When It Rains,
It Pours” on the impacts of global warming.

9 Supporting an initiative by Congressman Mike Castle (R-DE) and Congressman Wayne Gilchrest (R-MD) to
establish a 14-mile passive recreational trail along the Chesapeake and Delaware (C&D) Canal from
Delaware City, DE, to Chesapeake City, MD.

9 Participated in a coalition effort to promote the creation of State Resources Areas (SRAs) and extend
conservation protection through local land use zoning.

9 Served on the Broadkill River Tributary Action Team to develop Pollution Control Strategies to reduce
nutrient and bacteria loadings in accordance with the state Total Maximum Daily Load (TMDL)
requirements.

9 Served on the Governor’s Advisory Council on Walkability and Pedestrian Safety.

9 Participated on Committee in the development of more stringent regulations to reduce emissions of NOx,
SOx and Mercury (Hg) from Electric Generating Facilities.

9 Testified on numerous occasions before the Delaware Public Service Commission (PSC) in support of an
offshore wind energy project.

Highlights of Activities continue on next page Â


HIGHLIGHTS OF ACTIVITIES, CONTINUED
9 Developed a Delaware Audubon Statement on Wind Energy:
www.delawareaudubon.org/action/windenergystatement.pdf
9 Testified in support of a series of energy related bills:
o SB 18 Creation of a Sustainable Energy Utility
o SB 19 Doubled the state Renewable Portfolio
Standard (RPS) to 20% by 2019
o SB 8 Expanded allowable Net Metering project to 2
MW from 25kW
9 Participated with Sierra Club of Delaware and the League of
Women Voters in hosting an Energy Film Festival at Delaware
State University (Dover, DE).
9 Coordinating on energy issues with Citizens for Clean Power,
specifically supporting the offshore wind energy project and
the cleanup of the Indian River Power Plant.
9 Addressed the Dover League of Women Voters and a Dover
Energy Forum on energy issues.
9 Represented on the SCR 28 Carbon Auction Workgroup to
work toward implementation of the state’s participation in the
Regional Greenhouse Gas Initiative. Issued a minority report
along with the Mid-Atlantic Environmental Law Center and the
Delaware Chapter of the Sierra Club.
9 Represented on the Kent County Working Group to update the
Five-year Comprehensive Land Use Plan.
9 Leading effort to encourage Delaware to maintain existing
levels of protection for the Bald Eagle in light of ESA de-listing.
9 Supported successful effort to have rural State Route 9
(Coastal Heritage Highway) designated a federal Scenic and
Historic Highway.
9 Exhibited at the annual Horseshoe Crab and Shorebird Festival
in Milton, Delaware.
9 Submitted testimony to the State Task Force on Ethanol
Production in support of waste cellulose-based ethanol
production and in opposition to corn-based ethanol
production.
9 Participated in the development of the Delaware Coalition for
Open Government.
9 Testified in support of the Kent County Coastal Zone
Protection Overlay Ordinance.
9 Participated in the Delaware Birding Trail Guide,
www.delawarebirdingtrail.org, and Breeding Bird Atlas Survey.
9 Helped support the Delmarva Birding Weekend and upcoming
Quiet Resorts Weekend organized by the Delmarva Low-
Impact Tourism Experience or DLITE. „
A MESSAGE FROM DELAWARE AUDUBON’S
CONSERVATION CHAIR
After almost 2 years of continuous effort, Delaware
citizens were successful in pressuring the leadership of
the General Assembly and the administration to
approve the Bluewater Wind offshore wind project.
While environmental organizations played a key role in
that outcome, much of the success was the result of
an informed citizenry weary of politics as usual in
Delaware. In the end, it was the constant barrage of
citizen messages to elected officials that got the job
done. Delaware Audubon recognized the efforts of the
grassroots group Citizens for Clean Power with our
annual Conservation Award (see page 1).
Many of you responded to our repeated requests to
contact your elected representatives. While it should
not have taken this kind of extraordinary effort, this
issue demonstrates the power of an informed and
active electorate. Thanks for making the effort!
The Public Service Commission’s Independent
Consultant recently reported that the cost of offshore
wind energy will be lower than originally predicted, due
to increasing fossil fuel costs. Many of us made that
argument repeatedly during testimony before the
Commission and in discussions with elected officials.
Under the new agreement, Delmarva Power will
purchase less than half of the earlier agreement and
one-third of what BWW originally proposed.
Nonetheless, with the agreement in place, it is
expected that other customers will be more inclined to
sign up. There also is an effort to regionalize the
project with talks currently underway with Maryland
and New Jersey.
The agreement could put Delaware at the center of a
rapidly growing industry. Delaware Audubon made
this point repeatedly in testimony. Commitments
already have been secured to provide financial support
to DelTech to establish a wind energy technician
training program.
There is a pronounced shortage of qualified wind
energy technicians in the U.S. The turbine
manufacturer Vestas is looking to establish a research
and development hub on the east coast, as well as a
manufacturing operation. Delaware’s two auto
assembly plants, which are expected to shut down in
the near future, would be ideal locations for such a
manufacturing operation—which could supply offshore
wind energy projects in the mid-Atlantic and northeast.
Delaware could be at the forefront of a rapidly
expanding renewable energy industry.
– Nick DiPasquale
 SAVE THE DATE…
Delaware Birding Trail Map and Guide Russell Peterson
Enclosed with this newsletter is a complimentary copy of the new Legacy Celebration
Delaware Birding Trail map and guide to Delaware birding sites. If you Audubon members and friends of
already have the map, please pass this copy along to a friend. Russell Peterson are invited to
celebrate his 92nd birthday this fall.
More than a year and a half in development, the trail features 27
birding hotspots throughout Delaware. Designed for birders of all skill The event will be held on Tuesday,
levels, the trail encourages residents and visitors alike to experience October 7th at the Chase Center on
the wealth of birdlife and habitat in the First State. The map is the the Riverfront, beginning with a
reception at 11:30 am.
result of a first-of-its-kind collaboration of organizations, including
Delaware Audubon, the Delmarva Ornithological Society, and the Tickets are expected to cost $75,
Delaware Division of Fish and Wildlife. The project also includes a and will benefit the June J. and
companion web site, located at www.delawarebirdingtrail.org. Russell W. Peterson Fund for
Environmental Education.
If the map is missing from this newsletter, you may order one from the
More information will be available
Delaware Birding Trail web site, or by calling (302) 739-9912. „
soon on our web site:
www.delawareaudubon.org „

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