Viability Studies (formerly Feasability Studies) and/or Consultation/Negotiation

VIABILITY STUDIES (FORMERLY FEASIBILITY STUDIES) AND/OR CONSULTATION/NEGOTIATION

Although our Aviation Constraints studies provide comprehensive information on siting issues pertaining to Federal Aviation Regulations (FAR) there sometimes is lingering doubt on the part of project proponents about how the military may react to structure, especially wind turbines within MOAs and MTRs as well as when they are within areas that are suspect for long-range DOD/DHS radar impact on military mission sustainability. Also, that doubt is raised when prospective sites are within areas used by the FAA for radar vectoring aircraft called Minimum Vectoring Areas (MVA) because the agency's record of treating turbines within these areas in not consistent. While the FAA will no longer process "Feasibility Studies," the lingering concerns may be alleviated by filing of "selected sites" within the military areas or MVAs identifies in our Constraints Studies. These filings are made to the FAA in a manner similar to regular filings under the Federal Aviation Regulations and, in fact, they are regular filings as far as the FAA is concerned. As a matter of procedure, the FAA is required to provide any filings under FAR process to the military representative in the FAA Region and that representative in collaboration with the local military command will review the issues of concern. If, as a result, the FAA issues a Determination of No Hazard indicating clearance on all pertinent issues for the selected sites (military and MVA) then the project developer can proceed in confidence to plan the entire project. If, on the other hand, the FAA issues a Notice of Presumed Hazard (NPH) negative on any MOA, MTR, MTA or long-range radar we can negotiate appropriate mitigation with the FAA or affected military user command either directly or through the FAA. Alternatively, we can directly consult with the affected military user commands and attempt to negotiate a mutually beneficial resolution prior to any type of FAA filings. In either case, unless the negotiation process evolves into lengthy discussions our costs for the Viability Study filings, follow-up with the FAA and the negotiations with the FAA/DOD are nominal.

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