BP's Tatics in Cape Vincent Ny

Wednesday, October 30, 2013

Advertencia a los compradores... Buyer Beware

 Recently BP announced that they are selling the Cape Vincent Wind farm project.
BP is pursuing this project through the Article 10 process. The big question is will the buyer have to start from scratch? Is the project transferable under the Article 10 rules or are the new owners required to start from square one?
I have looked at the law and the only thing I was able to find was the transfer of a certificate not a transfer of a  project prior to the issuance of a certificate.

Below is the section in the law pertaining to the transfer of a certificate.


1000.17 Transfer of a Certificate
(a) A certificate may only be transferred to a person who agrees to comply with the terms, limitations, or conditions contained therein and in every subsequent Order issued thereunder. A change in the ownership of a certificate holder without a transfer of the responsibility to comply with the terms, limitations, and conditions contained in the certificate is not a transfer of the certificate that requires approval pursuant to this section; however, the certificate holder shall file written notice of any such change of ownership with the Secretary within 7 days of such change and a verified statement that the change will not adversely affect the ability of the certificate holder to comply with such terms, limitations, or conditions.
(b) A certificate holder seeking the transfer of a certificate shall file with the Secretary an electronic copy and ten paper copies of a petition for approval of the transfer of the certificate, together with the accompanying documents described in this subdivision. The certificate holder shall contemporaneously serve four paper copies of the petition and accompanying documents on DEC at its central office and three paper copies on each affected DEC regional office and two paper copies each on the commissioner of health, the chair of the New York State Energy Research and Development Authority, and the commissioner of economic development. The petition shall:
(1) state the reasons supporting the transfer;
(2) show that the transferee is qualified to carry out the provisions of the certificate and any Orders issued thereunder;
(3) be verified by all parties to the proposed transfer;
(4) if required by the Chairperson, be accompanied by a copy of any proposed transfer agreement;
(5) be accompanied by an affidavit of service of a copy of the petition on each of the parties to the certification proceeding; and
(6) be accompanied by an affidavit of publication of a notice concerning the petition and service of such notice on all property owners that have executed agreements to convey property rights to the applicant and all other persons, municipalities or agencies entitled by law to be given notice of, or to be served with a copy of, any application to construct a major electric generating facility, which notice shall:
(i) briefly describe the proposed transfer and state the reasons therefor;
(ii) give the name, address, telephone number and E-mail address of an employee or representative of the petitioner from whom further information, including a copy of the petition, may be obtained; and
(iii) state that any comments on the petition must be received by the Secretary no later than 30 days after the date on which the notice was given.
(c) If no party to the proceeding opposes such petition within the time for filing comments, the Chairperson, after consultation with the other

APPENDIX -39- members of the Permanent Board, shall have exclusive jurisdiction without further notice to grant or deny the petition, grant the petition upon such terms and conditions as deemed appropriate, or conduct such further investigation as deemed necessary.

(d) If a party to the proceeding opposes such petition within the time for filing comments, the Board, or the Permanent Board after the Board’s jurisdiction has ceased, shall have jurisdiction without further notice to grant or deny the petition, grant the petition upon such terms and conditions as it deems appropriate, or conduct such further investigation as it deems necessary.

 Link ~ARTICLE 10 REGULATIONS ~ 

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