Tuesday, May 8, 2007

Anti-Trust Complaint Filed With Department of Justice Against Some Major Members Of ACE NY, AWEA and Wind Industry

Seems a whole slew of people have some serious issues with certain members of the wind industry....Green Nuclear Butterfly is reviewing the documents filed with the Department of Justice now to see which of those major wind players have associations directly and indirectly with the nuclear industry...stay tuned!


Complaint Filed on April 25, 2007 with the Department of Justice under the Sherman Antitrust Act by Concerned Citizens from the States of New York, Vermont, Maryland, and California.

Nature of Complaint

This is an Antitrust Complaint alleging that an International Cartel is engaged in Market Allocation, Price Fixing and Bid Rigging in Windfarm Developments in New York and Vermont, as well as other states across the nation. This Complaint was submitted by 94 concerned citizens via email to the U.S. Department of Justice, Antitrust Division on April 25, 2007.

Summary of Complaint

A number of foreign companies, along with at least one domestic firm, have conspired to eliminate competition in the newly emerging domestic wind energy industry.Through a maze of ad hoc LLC’s, partnerships, affiliations, cross-ownerships, strategic alliances,memoranda of understanding, joint ventures, and associations these entities have allocated the market geographically and effectively prohibited any manner of competition for highly profitable business ventures. The end result of this collusion is that thousands of landowners and hundreds of municipalities have been denied substantial monetary gains that would otherwise be available in a free and competitive market. Due to a plethora of subsidies, incentives, and tax breaks the wind energy developments are highly profitable and virtually all of the earnings are funneled abroad to the foreign owners and investors.

Companies, Individuals, and Organizations Involved

1. Babcock and Brown: described as an international investment, advisory and infrastructure firm. Babcock and Brown member of ACE NY It should also be noted, that John Calloway, Chief Development Officer for Babcock and Brown is on the board of AWEA!

..Babcock and Brown: based in Sydney, Australia and trades on the ASX
as symbol BBN.

..Babcock and Brown Ltd.: involved in investment banking, structured finance advisory, arrangement and management business, principal investment and other wholesale financial services. It is controlled by BBN, and trades as BNB on ASX. BNB is a major investor in global windfarm development and operation. BNB has a total market capitalization of over $8.5 billion, of which $3.825 billion is owned by
the executives of the bank.

..Global Wind Partners: an investment fund, 67% of which is owned by BBN and BNB.

..Babcock and Brown Wind Partners: a listed fund; apparently a successor to Global Wind Partners that comprises three funds: Babcock and Brown Wind Partners Trust, Babcock and Brown Wind Partners Ltd, and Babcock and Brown Wind Partners (Bermuda) Ltd. Following an IPO in 1995, this fund traded on the ASX as symbol BBW. This investment fund is described as being managed by Babcock and Brown (BNB).

..Babcock and Brown Infrastructure Management Pty. Ltd. (BBIM):formerly known as Prime Infrastructure, it is an investment fund that had some oversight responsibility or ownership of Babcock and Brown Wind Partners.

..Babcock and Brown Infrastructure (BBI): a listed fund, managed by BBIM.

..Babcock and Brown Power: a listed fund; owns two power-generating stations in Australia (acquired in 2006), one of which is called Ecogen.

..Babcock and Brown Operating Partners LP (later became an LLC?): based in San Francisco and responsible for at least some of Babcock and Brown’s US operations. This unit has a joint venture with BP Alternative Energy North America for the development of a 300MW windfarm in Weld County CO. Babcock and Brown LP (presumably an informal name for Babcock and Brown Operating Partners LP) is described as an equity investor in Sweetwater Wind Power Project in Texas. They are partnered in this project with DKR Development LLC (the project developer), Catamount Energy Corp. (also an equity investor) and TXU (the utility Antitrust Complaint – April 25, 2007 8 buying 100% of the project’s electricity). DKR Development was founded in 2001 by four former Enron executives, one of whom serves on the Catamount Board of Directors.

..Babcock and Brown Power Operating Partners, described as a wholly owned subsidiary of BNB, acquired 100% of the membership interests in G3 Energy LLC in January of 2005. G3 Energy was involved with the development of windfarms in 4 states and Canada. Babcock and Brown Power Operating Partners, on September 8, 2005, won preliminary approval for a $300M 400 MW transmission line to bring power into San Francisco (Trans Bay Cable). Babcock and Brown Power Operating Partners, on 6-5-06, announced a deal to purchase 443MW of wind turbines from Mitsubishi for projects in New Mexico, Colorado, and Texas. Mitsubishi Power Systems (MPS) will also provide wind turbine commissioning, installation support and maintenance for 5 years.Babcock and Brown Power Operating Partners, on 1-23-06, announced that it had selected enXco, Inc. to provide operations and management support for B+B’s Kumeyaay project near San Diego. In the 11-30-06 DOE/EIA listing of power plants, Babcock and Brown
Power Operating Partners is designated as Utility ID # 50123, and as the Company associated with the Plant named Ecogen Wind in Italy NY and Prattsburgh NY.

..BBPOP Wind Equity LLC.


..B+B Eifel UK Ltd.: a partner in a windfarm in Germany that later was acquired by B+B.

..GWP Pty. Ltd.

..BBI US Holdings Pty. Ltd.

..BBI US Holdings II Ltd.

..BBI Glacier Corp

..Sweetwater Wind 1 LLC, Sweetwater Wind 2 LLC, Sweetwater 3 LLC, Sweetwater Wind 4 LLC, and Sweetwater 5 LLC Antitrust Complaint – April 25, 2007 9

..Eurus Combine Hills 1 LLC

..Blue Canyon Windpower LLC

..Caprock Wind LLC

..Kumeyaay Wind LLC

..Jersey-Atlantic Wind LLC

..Wind Park Bear creek LLC

..Crescent Ridge LLC

..Argonnne Wind LLC


..Buena Vista Energy LLC

..Ecogen LLC and Ecogen Wind LLC ACE NY member. Also a member of AWEA.

..Cedar Creek Wind Energy LLC

..Cross-Sound Cable Company LLC

..Trans Bay Cable LLC

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