Dear Mr. Chandler,
Please find attached hereto the comments of Staff of the Department of Public Service relating to the Preliminary Scoping Statement filed by Cape Vincent Wind Power, LLC on March 29, 2013
What does the Public Service Commission have to say about our local Laws?
Section 2.31 Local Laws and Regulations (1001.31 Exhibit 31: Local Laws and Ordinances) (pp.186-206)
This section identifies a list of laws and regulations that have been listed as possibly being applicable to the construction, operation or maintenance of the proposed facility. The applicant must consult with the municipalities to determine if the list provided is exhaustive and whether the identified sections are applicable to the construction, operation or maintenance of the proposed facility. Staff also recommends that the applicant consult with it in finalizing a scope.
3. The applicant should review 16 NYCRR 1000.2(t) and (u) to differentiate between procedural and substantive local standards. The application will require that the applicant provide a list of those items it believes to be procedural in nature.
4.The PSS identifies some local provisions that it believes are procedural in nature, but it also states that it may later request a waiver of such standards. The applicant should review the list of local laws it considers to be procedural and consult with the municipalities and Staff to address any questions it may have regarding that status In preparation of the application, the CVWP should review each local provision to determine if any procedural provisions have substantive elements. Those substantive elements must be identified.
5. The revised PSS should clearly identify what CVWP means when asserting that, “the Public Service Law general preemption of local laws” will relieve the applicant of its obligations to comply with a local standard.
6. The PSS does not address the applicant‟s ability to comply with the identified sections of applicable law but instead focuses on why the Board should elect not to apply identified sections. The rationales provided should be expounded upon and
should include the basis for the waiver as grounded in existing technology, factors of costs or economics, or the needs of consumers.
7. The PSS describes that CVWP will attempt to comply with the local requirements but may seek a determination from the Siting Board that such requirements are unreasonably restrictive. The applicant should consult with the municipalities and Staff to make a determination on its approach prior to filing the application.
8. The applicant should provide rationales for any argument it asserts that a provision of local law seemingly applicable to the project does not apply.
9. The PSS should identify which local laws, both procedural and substantive, are applicable to the interconnection to or use of water, sewer, telecommunications and steam lines in public rights of way or should identify that there are no such facilities planned to be in public rights of way.
10. The application should include a map of the facility with zoning and flood zones overlaid on it.
11. Staff advises that the Town of Lyme reportedly passed a resolution adopting changes to the town zoning law regarding wind energy facilities on April 10, 2013. The analysis provided in the PSS should be revised accordingly to address any substantive changes that may affect the content of the Application.
12. The applicant should identify any use and occupancy permits required by Town(s) or County for facilities crossing or linear occupancy of municipal road rights-of-way.
13. Table 2.31-1 addresses comments raised regarding local laws and regulations. The responses to comments do not always address the concerns raised or how the applicant plans to address those concerns.
Link below to read PSC comments
2 comments:
On March 29 Dick Chandler put his five pound PSS in a FedEx box and shipped it to New York. It was a Friday, like today. On that day he was probably feeling pretty good and why not, he repackaged 222 pages of old, stale drivel and made it look new and fresh. He probably stopped off at his favorite watering hole next to 700 Louisiana Street to celebrate with a drink with his BP and VORYS buddies.
For 21 days he probably relaxed and enjoyed the idea he and BP were getting out of the wind business.
Today, Chandler's little vacation came to an end. Today BP got dumped on, Big Time, from those damn New York environmentalist types.
Between the reviews provided by the Towns of Lyme and Cape Vincent, the New York DEC and the New York DPS, Chandler better get a big shovel because he has got to move one big pile of bureaucratic horseshit, and he only has another 21 days to move the pile.
Hey BP, it might be easier to walk away than move the pile.
Chandler has two choices. Either read the DEC comments about his shoddy PSS or throw in the towel.
Throwing in the towel and looking for a more honest way to make a living might be the best way. Don't leave before cutting Marion a check...tho.
Post a Comment