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Vineyard Wind scored an initial legal win against GE Vernova Friday, with a judge ruling the turbine supplier is temporarily barred from exiting its contract with the wind project, which it planned to do on April 28.
The ruling granting the preliminary injunction comes a day after attorneys for the companies argued before Judge Peter B. Krupp in Boston. During those arguments, much of Krupp’s pushback was directed at GEV’s attorneys.
Vineyard Wind requested a preliminary injunction, arguing it faces irreparable harm and a possible abandonment of the wind farm if GEV walks away from its contract. The agreement committed the turbine supplier to years of repairing, operating and maintaining the giant turbines.
Krupp wrote that Vineyard Wind has demonstrated a likelihood of success on the merits, and that it would suffer irreparable harm without the injunction.
The judge agreed with Vineyard Wind’s challenge of GEV’s claims that the wind developer could readily find other companies to fulfill the services GEV was set to provide.
“To pretend that VW could go out and hire one or more contractors to finish the installation and troubleshoot and modify GER’s proprietary design without GER’s specialized knowledge is fanciful,” Krupp wrote.
GEV said it planned to exit the contract because Vineyard Wind owes it more than $300 million. Vineyard Wind, in contrast, says it is owed more than $800 million, with costs stemming from the catastrophic failure of a turbine blade in July 2024. Both parties are arguing over contract language and how clauses and subclauses should be interpreted.
In a statement Friday, Vineyard Wind spokesperson Craig Gilvarg said, “We are pleased with the decision, which ensures Vineyard Wind can continue delivering much needed energy to Massachusetts customers and the New England grid.”
Our offshore wind tracker: What’s new with wind projects off Massachusetts and beyond?
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A GE Vernova spokesperson in a statement Friday said, “We stand by our compliance with contractual obligations and our performance” and “remain engaged in supporting the safe operation of the project while we evaluate next steps.”
The parties are next set to appear in court on May 1 for a hearing.
The final blade was bolted in last month at the 62-turbine wind farm following an offshore installation campaign that Vineyard Wind says went two years over schedule.
GEV had to remove and replace more than 60 blades, significantly delaying the project’s installation. Frances Bivens, attorney for Vineyard Wind, said there were “meters-long gaps” in the adhesive holding together the blade that collapsed.
A handful of the project’s 62 turbines have yet to be fully commissioned and start sending power to the grid. Vineyard Wind says some turbines are experiencing recurrent issues, including tripping of the electrical system that is causing the turbines to shut down, curtailing output.
The turbines “are not yet fully operational and are able to produce power only at levels well below those intended,” Vineyard Wind attorneys wrote.
Email Anastasia E. Lennon at alennon@newbedfordlight.org.
Hey NB Light researchers, Is it true that in 2024, the average real-time market clearing price for electricity was $39.50 /MWh? Is it true that Rhode Island has a 20 year contract with Revolution Wind to pay $98.425/MWh? Can you find out what rate Massachusetts has contracted to pay Vineyard Wind for electricity? Any idea how expensive this is likely to get? And with millionaires and people aged 25-44 leaving the state in record numbers, any idea who is going to pay for it?
VW 20 year contract was for around 8.7 cents per kWH. We’re currently @ 31.5 with Eversource.
Might you please put it apple to apples and explain that MWh not kWH (the measurement that Anonymous used)?
Anybody in the right mind thinking that went offshore wind or wind turbines is going to be the way we’re going to replace our energy needs I totally lunatics