If The BRSA Loses The Wind Turbine War, What Comes Next?

Now that Union Beach has won their appeal vs. the Bayshore Regional Sewerage Authority by a 3-0 decision of the court, the industrial wind turbine issue is remanded back to the Union Beach Zoning and Planning boards. At some point in the not-too-distant future, the BRSA will come before them to plead their case. The BRSA may very well be denied their wind turbine. But I’ve come to believe they are like the monster in a campy horror flick, you have to destroy them several times before it sticks.

According to the contract of sale for the turbine between Conti Enterprises and the BRSA, BRSA does not take ownership until such time as the turbine is substantially constructed at the sewer plant and tested. For now, the turbine still belongs to Conti. Yet, the BRSA has been paying the rent for its storage in Newark. Shouldn’t this be Conti’s responsibility as the actual owner? What’s up with that?

Conti has been paid or will be paid for all work done to date, and the wind turbine is still a new, rather than used, item. Since it belongs to Conti, they have nothing to lose by retaining possession and selling it to another buyer. Conti even has a division dedicated to building wind farms. It should be easy for them to sell it. No financial harm will have been done to Conti if Union Beach succeeds in stopping the project before BRSA takes possession. Plus, the contract allows for termination.

The BRSA should terminate the wind turbine project now and save everybody a lot of heartache and dollars. And if they don’t, I respectfully suggest that the towns serviced by the BRSA not sign their sewer service renewal agreements until such time as the wind turbine battle is completely resolved. They should also rescind any transportation permits for the turbine and related equipment. Why run the risk of BRSA having to make and pay for a round trip of oversized and overweight loads? Remember, Judge Tassini’s warning included the words “…removal and remedy.”

The ratepayers have hemorrhaged too much money due to BRSA jumping the gun big time and spending millions on construction prior to having secured the rights to do so. If and when the turbine project is terminated, whoever advised the BRSA to move the project forward at peril to the ratepayers should be held accountable. That only makes sense, and the people should demand that.

If the screed by the BRSA’s attorney at the Union Beach open council meeting on Thursday night is any indication, BRSA is about to embark on a PR campaign to shift the blame to Union Beach for all the money spent. It won’t work. BRSA sued Union Beach, and the council has a responsibility to defend the borough. And once again, the Appellate Court agrees.