BP's Tatics in Cape Vincent Ny

Thursday, March 21, 2013

A letter to the PSC ~ Seeking some clarification regarding the meaning of the word "municipality"

 Honorable Mr. Cohen,

Thank you for your letter informing me of the Article 10 requirements that I, as chief executive officer of the Town of Lyme, must nominate four candidates to serve as the ad hoc public members. As you know, I have already sent to you a letter of support for the nominations submitted by the Town of Cape Vincent. My letter, it appears, is a bit premature as Cape Vincent Wind has not yet filed a Preliminary Scoping Statement. I am unsure if our premature letter has been recognized by you as our final position, or, if after the Preliminary Scoping Statement, we can submit another, perhaps new, position with our own nominees from our own "municipality".

Additionally, I am writing you seeking some clarification regarding the meaning of the word "municipality" as used in the qualifications to be an ad hoc public member for the Article 10 proceedings. The attached fact sheet, with the letter you sent, states that to be eligible to be an ad hoc public member, "the person must be a resident of the municipality in which the facility is proposed to be located". Also, according to Article 10 Section 160 definitions, municipality means "a county, city, town or village located in this state".

I apologize for my confusion, however I am unsure as to the meaning of "municipality". Does "municipality" in this case mean that the Town of Lyme nominees must come specifically from the Town of Lyme, or can they also be residents of Jefferson County and not solely residents of the Town of Lyme? The proposed Cape Vincent Wind project will be located in both the "municipalities" of the Town of Lyme and Jefferson County.

Thank you, in advance, for your time and consideration.

Scott G. Aubertine
Supervisor, Town of Lyme
 PO Box 66 Chaumont, NY 13622

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