Controversy with Enel Green Power S.A.- Enel, an energy generator, which hired Nordex for the acquisition and installation of a wind power plant. Enel refused to pay Nordex stating that the colour used in the rotor blades, towers and wind turbines was not white.
It should be noted that this type of projects (sustainable energy) are recent technologies in Peru and consequently there is a lot of educational work around it.
In this sense, our advice included:
The analysis of the Peruvian aeronautical regulation (RAP) and the comparative regulations (Guide for signage and lighting of wind turbines and wind power plants, Edition 1.1, from the Spanish State Aviation Safety Agency (AESA), dated 13.06.17 and Advisory Circular AC N° 70/7460-1M – Obstruction Marking and Lighting, U.S. Department of Transportation Federal Aviation Administration,16.11.20) regarding the painting of the rotor blades in a colour different from white, as well as concerning the obstacle limiting surfaces in order to obtain from the DGAC- Peruvian Aviation authority, the approval of an Aeronautical Study in accordance with the stipulations of RAP 314 which states that «the rotor blades, the nacelle and the upper 2/3 of the support mast of the rotor blades shall be painted in a colour different from white, except when otherwise indicated in an Aeronautical Study (AS)».
In that sense, the client was provided by us with the data and contacts of technical professionals trained in the elaboration of the AS and the draft AS was reviewed making the adjustments according to regulation.
The presentation of the case and the AS before the General Director of the DGAC (certification inspectors), explaining that the AS technically demonstrated that the light gray color (RAL 7035) painted on the rotor blades does not affect the safety and regularity of aerial operations at the wind power plant.
The DGAC approved the use of this colour using the exception in the law and Nordex has obtained the payment for the work performed in favor of Enel. This was also useful for future contracts for Nordex as the RAL 7035 is the colour mainly use in the production of the rotor blades, towers and turbines.
