"We have been working with several folks on updating the 1918 law," Duke spokesperson Tammie McGee told FierceEnergy. "We have just been talking to our industry partners [and] people in the legislature about some language around accidental death."

The Audubon Society is alleging that Duke Energy is "deploying its considerable resources and political muscle to undo the very law it had violated," by allegedly discussing the amendment with Rep. Duncan.

"Duncan's wholesale attack on birds came out of the blue," says David Yarnold, Audubon president and CEO, in a statement. "Based on our sources and the documents we've seen, we see this as straight-up corporate payback. Duke has a history of stumbling into controversy, and it appears they've done it again."

However, according to McGee, the 1918 law focused on the hunting of migratory birds "and it was an effort to protect those species against unlawful hunting."

"Without any updating over the next 100 years, power companies sometimes have bird mortalities through the business they carry out, which is not intentional," McGee explained to FierceEnergy. "So they're just looking to update that law to better reflect a society that has moved forward 100 years and one that depends completely on power production."

While the American Wind Energy Association (AWEA) has not taken a position on the amendment, John Anderson, senior director, Permitting Policy and Environmental Affairs, AWEA, told FierceEnergy, "AWEA's view is that the legislative intent of the MBTA was to address purposeful killing of migratory birds."

Anderson added, "As an industry, we have historically worked, and will continue to work, to minimize any unintentional effects on birds, so we can continue to rapidly deploy wind energy across the landscape, thereby avoiding more of the carbon pollution that threatens all birds and their habitats. Laws and policies that advance the dual goals of conservation and deploying wind energy are welcome, and will encourage more long-term investments in wind energy development in America, which in turn will benefit bird conservation the most."

Since the settlement, Duke Energy has made numerous changes to their environmental policies, including at their Wyoming wind farms. Those changes included:

• Installing and testing new radar technology to assist in the detection of airborne eagles on or near the site, which was developed from the same technology used in Afghanistan to monitor incoming missiles
• Instituting a curtailment program using field biologists, who radio for turbines to be temporarily shut down upon sighting an eagle in the vicinity
• Further curtailing turbines during periods of high eagle flight activity
• Instituting migratory bird training programs for wind technicians and developing a reporting system to track any findings related to avian populations on the sites
• Removing rock and debris piles that attract eagle prey
• Continuing to voluntarily report to the U.S. Fish and Wildlife Service (USFWS) all eagle and migratory bird mortalities and meeting with the agency regularly to discuss adaptive management measures to reduce avian mortality."

McGee said in the last year they built a 30-foot tower that houses two Avian Technicians in the tower at all times. If a technician sees any eagle activity, they have the ability to shut down the turbine in five to 10 seconds. The technicians have also been trained to understand avian activity.

Duke Energy has also been working to create a better environment overall. In the last few years, they have been closing coal plants, complying with EPA regulations, and working toward the Clean Air Act (CAA). 

McGee explained, "For every fuel that we use, whether its solar, nuclear, coal or gas, deeply embedded in the company is a culture of safety, protecting the environment, and being very mindful of the wildlife we impact. And we certainly have not only one policy, but many policies around all of that."

The utility is working with the American Wind & Wildlife Institute to discuss the MBTA -- and if changes are needed. McGee explained that Duke Energy is one of the members, along with numerous wind companies, environmental groups, and government groups.

"We have been working collaboratively with all of these folks to find a law that is more updated to today's circumstances," McGee told FierceEnergy. "We are willing to work with anyone to clarify and update this migratory bird treaty act. Wind energy is one way to produce power in a cleaner fashion. so we are just trying to find that balance between being able to give people power in a reliable, affordable, and clean manner. That doesn't mean that we are not highly cognizant toward our responsibility toward wildlife."

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http://www.fierceenergy.com/story/duke-energy-accused-flexing-its-political-muscle-attack-birds/2015-06-30