BEFORE THE STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
_______________________________________
APPLICATION OF CAPE VINCENT WIND POWER, LLC FOR
A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY
AND PUBLIC NEED TO CONSTRUCT AN APPROXIMATELY CASE 12-F-0410
200-285 MEGAWATT WIND ELECTRIC GENERATING
FACILITY IN THE TOWN OF CAPE VINCENT, NEW YORK
___________________________________________________________
COMMENTS OF
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ON THE
PRELIMINARY SCOPING STATEMENT
FILED BY
CAPE VINCENT WIND POWER, LLC
Dated: April 18, 2013
Larry S. Eckhaus, Esq.
Senior Attorney
Office of General Counsel
NYS Department of
Environmental Conservation
625 Broadway -14th Floor
Albany, NY 12233-1500
(518) 402-9533
lseckhau@gw.dec.state.ny.us
NYSDEC Comments to CVWP PSS (Case No: 12-F-0410) {continued}
INTRODUCTION
Pursuant to 16 NYCRR § 1000.5(g), the New York State Department of Environmental
Conservation (“DEC”) submits the following comments on the Preliminary Scoping Statement (“PSS”)
filed on March 29, 2013 by Cape Vincent Wind Power, LLC (“CVWP” or “Applicant”) with respect to
the proposed Cape Vincent Wind Farm (“CVWF”) - a major electric wind generating facility. Pursuant
to PSL Article 10 § 166(1)(b), DEC is a party to this proceeding and filed a Request for Party Status
with the Secretary on April 18, 2013.
OVERVIEW
In DEC’s opinion, and as evidenced below, the PSS filed by CVWP is not in the form that it will
appear in the application – making review difficult; and although replete with redundancies, is also
lacking in reasonably available and necessary information, while containing a host of items needing
further clarification.
The PSS does not contain any Exhibits using the numbering system in the
regulations, but rather uses its own alphabetic nomenclature with subparts, repeating some of the same
information and statements from section to section.
It also appears to DEC that the PSS is, for the most
part, very general in nature, lacking in specificity of important local elements to this particular project,
and devoid of “as much information as is reasonably available concerning the proposed facility”.
Many
of the Applicant’s responses to comments and questions raised during consultations remain unanswered,
or simply state that they will be addressed in the application.
Clearly, the PSS is not in compliance with
either the intent or spirit of the requirements of 16 NYCRR § 1000.5 especially Subsection (l)(1 through
8), which are intended to allow for a meaningful discussion between the Applicant, the public, affected
agencies, and other stakeholders toward development of the Application.
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