BP's Tatics in Cape Vincent Ny

Wednesday, December 4, 2013

Issues Related to Recent Communication by the Town & BP in the Article 10 Case of the Cape Vincent Wind Farm Proposal:

December 4, 2013

Issues Related to Recent Communication by the Town & BP in the
Article 10 Case of the Cape Vincent Wind Farm Proposal:
11/12/13 Letter from Town/Curtin:

"That said, the intentions of BP, as we understand them, fly in the
face of not only the Comprehensive Plan of the Town of Cape Vincent
but also its duly adopted land use regulations. It does not even come
close to the vision that the Town has maintained for a considerable
period of time and it should be noted that the substance of the local
regulations in question predate any applications that were made by BP
or any other wind initiative."

"In the event that there is a sale and a new applicant is substituted,
we will request and require that all applications be commenced at the
very point of beginning in that there can be no reliance upon the
actions undertaken by BP or its associates. "

11/07/2013 Letter from Town:
"Please understand that our town has been living under a cloud of
uncertainty for eight years, the result of BP's steadfast commitment
to force their incompatible and illogical wind development plan down
our throats. We have fought BP every step of the way for the past
eight years and we want BP and any subsequent buyer of the Cape
project to realize that we will continue our fight with any proposal
that does not consider and comply with our Comprehensive Plan and our
zoning law. We are determined and our resolve is uncompromising."
"It is important for any new buyer of the Cape Vincent wind project to
also understand that our difficulty with a wind proposal that is
incompatible with our Comprehensive Plan and zoning law will extend
outside the bounds of the Article 10 process. The Town of Cape Vincent
has the authority to reject any request for tax abatement if a
development project does not meet and satisfy our vision, plan and
zoning laws.

10/25/13 Letter from BP:
"That said, the intentions of BP, as we understand them, fly in the
face of not only the Comprehensive Plan of the Town of Cape Vincent
but also its duly adopted land use regulations. It does not even come
close to the vision that the Town has maintained for a considerable
period of time and it should be noted that the substance of the local
regulations in question predate any applications that were made by BP
or any other wind initiative."

10/18/13 Letter from Town:
"We wish to bring to your attention what we must conclude to have been
an oversight by those who drafted the Article 10 Law and Regulations
regarding the Stipulation Phase of the process."
"Because there is no specific time period specified for the
Stipulation Phase it is open-ended and allows an applicant as much
time as they deem necessary to move their application forward."
"In addition, there does not seem to be any interest or effort by BP
in getting the process moving and the issues resolved, while at the
same time disregarding a specific request by Judge Agresta at the May
21 meeting to provide a project plan that considers Cape Vincent's
local law."

"On October 3, 2013 BP officials traveled to Cape Vincent and met with
company leaseholders. Unconfirmed reports from some who attended the
meeting indicated BP discussed abandoning the Cape Vincent project,
among other things."

"Anticipating the need to appropriate more money for the Article 10
process, we then come into direct conflict with tax cap requirements
by the State. All of this is extremely burdensome to small
municipalities, such as ours, that have limited resources."

"Madame Secretary, we need some help and relief in the form of clarity
and transparency. The Town would ask for the same consideration and
same message from BP that it has provided to its leaseholders. We
would also request that the Siting Board provide the Town with some
indication of how long this phase of the process will continue."
"BP has had our Town twisting in the winds of uncertainty since 2006.
When Article 10 was enacted there was local apprehension about balance
and fairness in the Article 10 process. But it was hoped by many that
the new process would require prompt responses by all parties, and
that timeliness would be adhered to by the applicant. However, we seem
to be stuck again now, awaiting word from BP about its claimed
cessation of wind project development. When? Knowing when matters to
us. Certainly, you can appreciate that."

5/1/13 Letter from Town/Curtin:
"Our second concern relates to a reference BP used to waive portions
of the Town's zoning law as described in their Preliminary Scoping
Statement (PSS) filed on April 19, " ... the Public Service Law
general preemption of local laws should relieve CVWF of the obligation
to comply with this section." DPS in its review of BP's PSS (p.46)
also found the general preemption statement by BP to be baffling ,"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" Because the waiver of local laws is the heart of this case,
the Town requests the same clarification and identification as DPS,
but the Town would prefer see a clarification sooner rather than

later."

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