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Settlement

On September 22, 2005, the Alameda County Board of Supervisors approved conditional use permits (CUPs) that allowed for the continued operation of wind turbines in the APWRA and adopted conditions aimed at achieving major reductions in avian mortality while maintaining the efficient production of renewable energy. The Board concluded that its decision to issue the CUPs was categorically exempt from CEQA. Local Audubon Society chapters and Californians for Renewable Energy (CARE) petitioned the Alameda County Superior Court to set aside the Alameda County Board of Supervisors' issuance of the CUPs on various grounds, including the argument that such action violated the County's General Code and CEQA. Since January 2006, the various parties involved in the lawsuit have engaged in an extensive series of discussions in an attempt to resolve their disputes. Audubon/CARE and the Wind Power Companies agreed to a framework for settling the full lawsuit, which, in turn, served as the basis for the Settlement Agreement. The Alameda County Board of Supervisor approved the agreement in January 2007. The Settlement Agreement affects most, but not all, of the turbines covered by the Conditions of Approval adopted by the Board on September 25, 2005.

FAQ on the Settlement, the SRC and Permits (S11)

Settlement-Related Documents
Final Settlement Agreement (S1)
Modifications to the Settlement Agreement (S2)
Final Planning Agreement (S3)
Key Settlement Agreement Provisions (S8)
Settlement Framework (S9)
Agreement to Terminate Mediation (S29)

Amended Conditional Use Permits
Exhibit G-1 for Settling Parties (S4)
Exhibit G-2, Updated Conditional Use Permits for Non-Settling Parties (S10)

AG's Office 2010 APWRA Settlement Agreement
S30 AG's Office APWRA Settlement Agreement

S31 Mueller Presentation on APWRA Repowering Agreement

2009 Settlement-Related Discussion
P119 Request from Audubon, County and Settling Party Wind Companies to SRC 08-18-09

SRC and Other Discussion on Final Settlement Terms
Settling Parties Response to Follow-Up to Feb 5 SRC Meeting (S13)
Attorney General Concerns Regarding the Baseline (3/1/07) (S14)
Smallwood's Replies to the Parties' Response to Queries from the SRC and the Attorney General (3/9/07) (S16)
Yee Comments 3-12-07 on S16 Smallwood Replies to Parties Responses (S17)
Burger Comments on S16 Smallwood Replies to Parties Respnses (S18)
Smallwood Estimated Effects of Proposed Measures to be Applied to 2500 Wind Turbines (3/8/07) (S15)
Smallwood Estimated Effects of Full Winter Shutdown and Removal of Tier 1 & 2 Turbines (3/19/07) (S19)
SRC Replies to Parties' Answers (4/03/07) (S20)

Comments on the Settlement Before Approved by Board of Supervisors
Smallwood on Proposed Settlment (S5)
Golden Gate Audubon Response to Smallwood (S6)
Center for Biological Diversity Letter to Board on Settlement (S7)

Issues Related to the Settlement
FPLE Credit Request

4-Month Winter Shutdown

APWRA Conservation Plan
P122 CBI APWRA Science Process Update Memo 9-17-09
P140 Suggested Reading for Science Advisors - APWRA Conservation Plan
P160 SRC - NCCP Definitions

October 2007 Question & Answer Session
S21 Settlement Parties Questions for SRC (10/2/07)
S22 Audubon Questions to SRC (10/2/07)
S23 Smallwood's Answers to Audubon's Queries (10/6/07)
S24 Yee and Burger Responses to Questions to SRC (10/9/07)
S25 Estep Responses to Questions to SRC (10/10/07)
S26 SRC and Settling Parties 10/10/07 Q and A Session Summary

October 2007 Seasonal Shutdown Modification
S27_Wind Companies Letter on Mid-Course Corrections 10-25-07
S28_Alameda County Memo on Modification of Seasonal Shutdown Requirement 10-26-07


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