In September, Vineyard Wind and GE Vernova announced “an amicable settlement” to resolve litigation regarding the Vineyard Wind project. The terms of the agreement are confidential, so we won’t know the extent to which financial arrangements factored into the settlement.
The parties may publicly be singing “Kumbaya,” but that doesn’t dismiss the serious allegations. Unresolved data falsification charges, including the following Vineyard Wind allegation, are particularly troubling:
“This exceptional misconduct includes [GE Vernova’s] intentional scheme to falsify critical quality assurance data… and to intentionally misrepresent the quality of those blades to [Vineyard Wind] in a brazen fraudulent, and willful breach of the TSA [Turbine Supply and Service and Maintenance Agreements], ultimately resulting in the catastrophic blade failure…”
Data falsification, was also reported by Radio Gaspesie in Quebec. If the allegations are true, serious violations of Federal regulations were committed, and both GE Vernova and Vineyard Wind may be subject to civil and criminal penalties.
Civil penalties are administered by MMA, Criminal penalties, administered by the Justice Dept, could be warranted if the falsification of quality assurance data is confirmed. The relevant text from the statute is pasted below.
We also have the outstanding matter of the waived Fabrication and Installation Report (FIR) requirement that was granted so the project could stay on schedule. The FIR addresses quality assurance measures, so the waiver is highly relevant and concerning.
Finally, 28 months after the incident, BSEE/MMA has yet to issue an investigation report or share information on their findings. Are penalty issues contributing to the delay?
43 U.S. Code § 1350 – Remedies and penalties – (c) Criminal penalties
Any person who knowingly and willfully (1) violates any provision of this subchapter, any term of a lease, license, or permit issued pursuant to this subchapter, or any regulation or order issued under the authority of this subchapter designed to protect health, safety, or the environment or conserve natural resources, (2) makes any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter, (3) falsifies, tampers with, or renders inaccurate any monitoring device or method of record required to be maintained under this subchapter, or (4) reveals any data or information required to be kept confidential by this subchapter shall, upon conviction, be punished by a fine of not more than $100,000, or by imprisonment for not more than ten years, or both. Each day that a violation under clause (1) of this subsection continues, or each day that any monitoring device or data recorder remains inoperative or inaccurate because of any activity described in clause (3) of this subsection, shall constitute a separate violation
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