DELAWARE - New light is being shed on offshore wind company US Wind’s talks with the mayors comprising the Association of Coastal Towns (ACT) with the release of email correspondence between the two.
US Wind and the ACT have been in talks over US Wind’s proposed offshore projects off the coast of Maryland that would potentially see a power cable landing in Delaware Seashore State Park. US Wind has also presented community benefits packages to the Coastal Towns which include proposed annual payments over twenty years worth $2 million to each town.
ACT includes Henlopen Acres, Rehoboth Beach, Dewey Beach, Bethany Beach, and South Bethany. Fenwick Island previously withdrew from the ACT talks with US Wind.
Following a Freedom of Information Act request (FOIA) submitted to the ACT, WBOC has received copies of the emails between ACT and US Wind that suggest the offshore wind company’s desire to keep the initial discussions shielded from the public.
On February 22nd, 2023, Fenwick Island Mayor Natalie Madgeburger requested a discussion on a possible moratorium for US Wind's plans be put on the agenda for ACT's March 2023 meeting. The item was originally included on the agenda.
However, on February 24th, 2023, US Wind’s Delaware Development Manager Mike Dunmyer sent the following email to Henlopen Acres Mayor Joni Reich and former South Bethany Mayor Tim Saxton:
“Hello Mayors, I hope all is well with you. I just saw that the ACT agenda for next week includes ‘Discuss and possibly vote on next steps concerning moratorium on windfarms due to marine life issues.’ That caught me by surprise as I hadn't gotten any questions after sending the opinions of subject matter experts to the mayors and town managers. Is the ACT really considering an opposition on this issue?”
Dunmyer goes on to say, "I'll plan to attend the meeting and would love to have the chance to speak."
That email was sent at 3:17 p.m. Just six minutes later, at 3:23 p.m., Henlopen Acres Mayor Reich responded with an email to Dewey Beach Mayor Bill Stevens. She included Saxton in the email as well.
Her email reads: “Bill, this is not helpful for the discussions we are having with the windfarm companies.”
Then, at 3:44 p.m. on the same day, Reich sent another email to Stevens and Saxton saying, “I think we should poll the Mayors to remove this from the agenda and issue a new agenda."
Fast forward to March 6th, 2023 and Dunmyer sent another email to Mayors Saxton and Reich.
A part of that email reads: “Hello Mayors, I hope you both had a great weekend. I wanted to touch base on a couple issues. First, thank you for your response to the ACT issue last week. I really appreciated your engagement before the meeting and the approach you took in the meeting. Second, I recognize that the public tactics being used by Fenwick likely puts you in a difficult position that hasn't been helped by US Wind's delays in our discussions.”
On June 3rd, 2024, WBOC reached out directly to Mike Dunmyer at US Wind regarding his note about the ACT agenda item and to offer context. Dunmyer sent the following statement to WBOC:
“Regarding the February 2023 email, I was aware that the ACT had just heard from an expert who confirmed that the Marine Mammal Commission, NOAA, BOEM, and numerous environmental groups – all subject matter experts – had stated that there was no connection between whale deaths and offshore wind activities. As a result, I was surprised there was further interest in the subject. That’s why I asked to be present to speak at the meeting to field any questions and to address any misinformation.”
Further documents and emails between US Wind and ACT released through the FOIA allude to a concern over confidentiality.
Early on in the process, an initial talking points memo drafted in August of 2022 by ACT outlines focuses and questions for US Wind. The first item listed in the memo is “Confidentiality important for ACT.” The last is “Are there opposition groups that we should be aware of?”
On June 29th, 2023, according to emails, Dunmyer appears to request the towns not include the public in the ongoing discussions with US Wind regarding the community benefits agreement. Dunmyer sent the following email to the Coastal Town Mayors:
“As far as how information about our discussions should become public, and the timing of such, it would be best if we keep things private for now. In that light, it would certainly be best if all towns could refrain from discussing the issue in public meetings until we get further along. With what you know, do you think that's possible?”
In response, Henlopen Acres Mayor Reich assured Dunmyer the ACT mayors would be “discreet.”
“Our attorney (Glenn Mandalas) has suggested that we could discuss it in executive session if we add a confidentiality clause to the agreement, presumably meaning confidentiality while it is being discussed/negotiated,” Reich’s response to Dunmyer reads. “I am going to see him this morning and will ask him for draft language as I think we would all prefer to discuss it in executive session with our councils when we get to that point.”
On Tuesday, Dunmyer provided the following explanation for the exchange:
“On the June 2023 email, our approach with the community benefits agreement was to create a workable document that would ensure everyone was on the same page about a general framework that would then be taken through all of the towns’ public approval processes,” Dunmyer tells WBOC. “The email shows that the intent was always to conduct final negotiations in public, in each town. That’s what was done, and US Wind participated in every meeting and answered every question from commissioners and residents alike. We remain committed to continuing to work the benefits agreement through the participating towns’ processes.”
All of this information came to light a South Bethany resident filed a FOIA request on April 25th, 2024.
ACT attempted to deny the FOIA request, arguing it wasn’t a public entity. That attempt was ultimately shot down when Delaware Attorney General Kathy Jennings’ Office issued an opinion last week saying ACT is a public body subject to FOIA regulations.
US Wind continues to discuss their proposed offshore wind project with both ACT and the Department of Natural Resources and Environmental Control (DNREC). A public information session on the proposals, hosted by DNREC, is currently scheduled for tomorrow, June 5th, at Beacon Middle School in Lewes at 4 p.m.
