BP's Tatics in Cape Vincent Ny

Wednesday, April 10, 2013

Is BP is using a map from the 1970's to Characterize Cape Vincent as a backwoods rural area?

Town of Cape Vincent

Honorable Jeffrey C. Cohen
March 14,2013

Acting Secretary, NYS Board of Electric Power
Generation Siting and Environment
Three Empire State Plaza
Albany, New York 12223-1350

Re: Case 12-F-0410 Cape Vincent Wind Power, LLC

Dear Secretary Cohen:
The Town Boards of Cape Vincent and Lyme and the Planning Board of Cape Vincent met with
BP on January 22, 2013. Several letters have been sent to you, by the Town of Cape Vincent, on
the items addressed and more pointedly, not addressed, during that meeting. Many of the critical
items have gone unanswered by BP until last week. One should keep in mind that our requests
were for the most recent information so that we could start to look into those items which will
undoubtedly be necessary to address during the PSS and Application phases of BP's Article 10
efforts.

John Harris, BP's attorney, finally sent a letter (March 7. 2013) to the Towns of Cape Vincent
and Lyme, in which he addressed some of the items discussed at the January 22nd meeting. Two
of Mr. Harris's responses demand immediate comment.

Para 1: A copy of a large scale map of the Cape Vincent - The map that BP is using for
their "official" project map of the Cape Vincent Wind Farm Project is significantly out of
date. Many of the road names are incorrect. Several major complexes within the Town,
such as the Correctional Facility and the Thousand Island High/Middle School Complex,
are not even shown on the map. While it is difficult to determine the exact year this
"Official Map" was created, based on the 1972 opening of the Thousand Island
High/Middle School Complex, the map is at least 40 years out of date.

How can BP know the correct parcel boundaries, determine the interaction with
          neighboring parcels on a map that is at least 40 years out of date? To this point, BP


should provide a tax parcel overlay to its turbine array map. This overlay should indicate
all leaseholders and those residents who have 'good neighbor agreements.' BP is not
conducting an outreach campaign; this is a campaign of maintaining corporate privilege
and exclusivity. Once again, we have another glaring example of BP not being
forthcoming in its dealings with our Town's citizens and governing boards.
Para 2: During the January meeting Mr. Harris scrolled though his phone flipping
through sections of our law BP found objectionable and which they intend to ask the
Siting Board to "supplant". At the time it was impossible for us to make notes of the
sections he was describing and we requested that Harris provide us with a printed listing,
which should have been an easy request to satisfy. However, to date we have received
nothing and the comment in his March 7th letter was "we are still working on to finalize
this list. We expect to be able to provide the list very shortly and in any event will
certainly include the list in our Preliminary Scoping Statement." Failure to provide what
BP stated it would provide on a critical issue only compounds a problem that,
unfortunately for us, began on September 17, 2012, the first day BP submitted their
Public Involvement Plan.

Para 3: Mr. Harris notes they were requested to update their distribution list to " ... reflect
new members oj the Town Board as well as individuals no longer serving and confirm
that we have done so." New Town Council representative Michelle Oswald, however, is
still absent from the list - she did not receive a personal addressed letter, which was
provided to other members of Cape Vincent Boards.

Para 4: BP was made aware on January 22 that a few families were situated within the
Environmental Justice "Impact Study Area" and that it would be best if these families
received some specially addressed notification. Rather than contact this small group,
BP's response was, "After further research into this issue, we do not believe we will be
impacting any environmental justice communities and will provide more detail on this
topic in the Preliminary Scoping Statement." Rather than finding a rationale to ignore
this group of people, we feel that BP should have addressed these families directly
perhaps through simple, inexpensive mailing of educational materials to the few families
residing within the impact area.

Now that we are nearing the end of the Public Participation phase of Article 10 it is obvious to us
that BP not only has little respect for our Town, its plan and its law, but BP also has shown no
cooperation or courtesy in the Article 10 process. This is incompatible with BP's stated
Corporate Code of Conduct in dealing with governments: "Co-operate courteously with officials
conducting a government or regulatory agency inquiry or investigation. " Therefore, once again
we are asking the Siting Board to enforce the intent and letter of the Article 10 process. At every
step to date BP has appeared willing to flaunt the transparency that the authors of Article 10
claimed it would bring to the process.

Respectfully yours,
Urban Hirschey-Town Supervisor  
Brooks Bragdon - Deputy Supervisor  
John Byrne - Town Council  
Clifford Schneider - Town Council  
Michelle Oswald - Town Council


We the undersigned appointed officials from the Town of Cape Vincent endorse and
fully support this Town Board letter to the Public Service Commission regarding the
Article 10 application for the Cape Vincent Wind Power project  proposal

Richard Macsherry - Planning Board Chairman
Robert Brown - Planning Board
Cyril Cullen - Planning Board
Paul Docteur - Planning Board

R. Dennis Faulknham - Zoning Board of Appeals Charman
Ed Hludzenski - Zoning Board of Appeals
Keith Walker - Zoning Board of Appeals
Hester Chase - Zoning Board of Appeals
James Millington - Zoning Enforcement Officer



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