The following is a reproduction of a letter sent to Supervisor Hirschey Re: the Article 10 process
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NYS BOARD ON ELECTRIC GENERATION SITING
AND THE ENVIRONMENT
STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE
Three Empire State Plaza, Albany, NY 12223-1350
www.dps.ny.gov/sitingboard
GARRY A. BROWN Peter McGowan
Chair General council
JACLYN A. BRILLING
KENNETH ADAMS Secretary
JOSEPH MARTENS
FRANCIS J. MURRAY, JR.
NIRAV SHAH, M.D.
Members
The Honorable Urban Hirschey
Supervisor, Town of Cape Vincent1964 NYS Route 12E Cape Vincent, NY 13618
Re: Case 12-F-0410 - Cape Vincent Wind Power Project
The New York State Board on Electric Generation Siting
and the Environment (Siting Board) is empowered to issue
Certificates of Environmental Compatibility and Public Need
(Certificate) authorizing the construction and operation of
major electric generating facilities in New York State.
As Secretary to the Siting Board, I have opened a case
to track a possible future application by Cape Vincent Wind
Power, LLC for a Certificate to construct and operate a
200-285 Megawatt Wind Energy Facility in the Town of Cape
Vincent, Jefferson County. If the case proceeds, two ad hoc
public members will be appointed for the special purpose of
providing a local voice in the decision on the application for a
certificate.
This is to give you early notice that should the
applicant proceed to file a Preliminary Scoping Statement
regarding the project, as the chief executive officer of the
Town of Cape Vincent you will have the duty to nominate four
candidates potentially to serve as ad hoc public members of the
Siting Board. The chief executive officer of Jefferson County
will also have a duty to nominate four candidates. Your
nominations will need to be submitted to the President Pro Tem
of the Senate and the Speaker of the Assembly within fifteen
days of receipt by you of notification of the pre-application
Preliminary Scoping Statement.
While no action is required of you at this time, you
may wish to familiarize yourself with your nomination powers
pursuant to Article 10 of the Public Service Law and begin
considering candidates so that you will be prepared to act
within the fifteen day time period if and when that should
become necessary.
Attached to this letter is a fact sheet about the
Siting Board and the ad hoc public members that may be useful to
you. You may also obtain more information about the Siting
Board and Case 12-F-0365 at: http://www.dps.ny.gov/SitingBoard/.
Please contact me if I can be of any further
assistance.
Sincerely,
/s/
JACLYN A. BRILLING
Secretary
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SITING BOARD
FACT SHEET
Q. What is Article 10?
A. "Article 10" was enacted in 2011 to be a portion of the New York State Public Service Law. It is a general state law that is applicable in all of New York State. Article 10 empowers the New York State Board on Electric Generation Siting and the Environment (Siting Board) to issue Certificates of Environmental Compatibility and Public Need (Certificate) authorizing the construction and operation of major electric generating facilities.
Q. What is the "Siting Board"?
A. The Siting Board is a governmental entity of New York State organized within the Department of Public Service. The Siting Board was established primarily to review applications and to issue certificates authorizing the construction and operation of major electric generating facilities. When the Siting Board is reviewing an original application for a certificate, it consists of five permanent members and two ad hoc public members. The five permanent members of the Siting Board also have additional responsibilities to promulgate regulations for the implementation of Article 10, and they have jurisdiction with respect to the amendment, suspension or revocation of a certificate.
Q. Who are the permanent members of the Siting Board?
A. The five permanent members of the Siting Board are the Chair of the Department of Public Service who serves as chair of the Siting Board; the Commissioner of the Department of Environmental Conservation; the Commissioner of the Department of Health; the Chair of the New York State Energy Research and Development Authority; and the Commissioner of Economic Development. The permanent members may designate an alternate to serve instead of the member with respect to all proceedings provided that such designation is in writing and filed with the chairperson.
Q. What is meant by the term "ad hoc"?
A. "Ad hoc" is a Latin term meaning "for this special purpose". Two ad hoc members will be appointed for the special purpose of providing a local voice in each proceeding conducted to consider specific individual applications for certificates. Each facility application will have its own unique ad hoc members and therefore its own unique Siting Board.
Q. How is the list of candidates established in the City of New York?
A. If such facility is proposed to be located in the City of New York, the chair person of the community board, the borough president, and the mayor shall each nominate four candidates for consideration.
Q. How is the list of candidates established in a town outside of any villages or in a city other than the City of New York?
A. If such facility is proposed to be located in a town outside of any villages or in a city other than the City of New York, the chief executive officer representing the municipality shall nominate four candidates and the chief executive officer representing the county shall nominate four candidates for consideration.
Q. How is the list of candidates established in a village?
A. If such facility is proposed to be located in a village, the chief executive officer representing the town shall nominate four candidates, the chief executive officer representing the county shall nominate four candidates, and the chief executive officer representing the village shall nominate four candidates for consideration.
Q. What resources are available to assist the Siting Board?
A. The chairperson shall provide such personnel, hearing examiners, subordinates and employees and such legal, technological, scientific, engineering and other services and such meeting rooms, hearing rooms and other facilities as may be required in proceedings under this article. The Department of Environmental Conservation shall provide associate hearing examiners. The Secretary and the General Counsel to the Public Service Commission serve as Secretary and the General Counsel to the Siting Board.
28 comments:
So what is the point of the supervisor not releasing the names of the reps he selects for the Art. X board? What's that about? Maybe the Cape Vincent public would like to know ASAP who our only reps will be on that board
Open and transparent government?
No doubt supervisor Hirschey will select four well- knowledged, well-informed, and well spoken, individuals who will speak for Cape Vincent with grace and a proper demeanor.
Image is important, as this hearing will receive statewide,even national attention. We must give the impression that we are co-operative and open to the proposal that BP is presenting via this transparent and judicious siting process, while at the same time hold firm in defense of our local criteria.
There is no doubt we will receive a fair consideration, as long as we afford the neutral panel and BP's representatives, the respect and tolerance they deserve.
This procedure (ART.X) has been implemented to assure both the energy developers, and the people of New York a level playing field in the renewable energy permitting process. It is to the benefit of both to be amenable to each others needs,so as to further the governors energy policy,which will ultimately benefit us all.
This could not be managed at a local level, and we are lucky to have a NY State Legislature,caring enough to enact such a fair program, that removes the full onus of such a burdensome decision from our shoulders.
we should pray for guidance for Supervisor Hirschey as he makes this difficult appointment ,and rest in the confidence his choices for representatives will be our best chance to preserve our community and our integrity.
Pray for ourselves while your at it.
Over a period of several years the town of Cape Vincent proudly used the democratic process of voting to eliminate industrial wind corruption from our local government.
Article X rules make the point that no ad hoc appointment be associated with the wind developer or lease holding families in any way.
I am sure Mr. Hirschey will make the proper appointments and will appoint people who well informed about Cape Vincent's sordid past of wind corruption.
Remember that Jefferson County is also involved in that same process and has received a similar letter.
Perhaps one reason for Hirschey's intention of keeping the names under wraps is because the Senate and Assembly leaders in Albany each have to select one of the nominees, and the process may be better served if these officials were not bombarded with complaints and lobbying from Cape residents. However, nothing in this town is a secret, so the names will get out. Furthermore, we are all far better off having our local government be as open as possible under all circumstances.
I was told that at this time that the names are not even firmly vetted. This is a very important decision.
One consideration should be that seasonal residents pay 75% of the tax base. They outnumber year around by nearly 3 to 1 in population.
They also represent our most important economic potential for growth. Also please consider that turbines in the town will kill housing development that we need to fill our school with children.
I believe seasonals are more than willing to support the school. But NOT IF YOU FILL THE TOWN WITH TURBINES THAT WILL DEVALUE THE SEASONAL HOMES AND CAUSE SEVERE ECONOMIC LOSS TO SEASONAL HOMES.
Your village leaders have to realize that turbines will have a servere negative impact on population growth needed to support the school.
No housing--no kids---no school.
Any ad hoc should understand and take the proper messages to the siting board. And not what has now been realized as being the "industry standards" that the PB Chairman has pointed out to be nothing more that Bp, the leaseholders and Voters for Wind can get away with.
Thank you for reading this.
Our fair weather visitors also provide a large portion of our volunteer help especially in the Village. If you allow people like the Democrat and Citizens for Fair government chairs and the VFW members to turn them away and complain about their rights to vote, the Village will lose big time. The town, too. If you vote for the Democrat candidates for town and village, that is what you will get.....
709
Yes we see your point. We certainly would not want to upset those assembly and senate leaders who are going along with stripping away your home rule rights!
God forbid we certainly don't want to complain that the art.x process has already removed our rights on behalf of a foreign corporation with a terrible environmental record.
I'm sure we will be better served by sitting by and letting the system completely steam roll us.
In fact you have inspired me. I'm baking some cookies for the legislators and Cuomo and the art. X board so they will stay happy and like cape Vincent!
The old Zogbie poll showed more people in the community are in favor of wind. Hirschey will have to make fair choices for the Article 10 board that represents all the community.
The last two town elections were a lot more revealing than any poll.
Apparently, the Zogbie poll has major flaws. This will be apparent after the next election, and every election after that for a very, very long time.
156
What is it you think the elections revealed?
Poll or no poll Hirschey as supervisor represents everyone in town and his choices to the board must also reflect that portion of the community that does want wind development.
No matter how you try to spin it there are a fair number of people in town who want wind development. Our zoning reflects some of that by including some areas for wind development.
The entire community is not anti wind.
Poll or no poll Hirschey as supervisor represents everyone in town and his choices to the board must also reflect that portion of the community.
We have a prison in town, we need a nominee from the prison they must have a voice!!
349
I think you are right on. Since BP has been holding our town prisoner for 6 years who better than a prisoner to understand our plight and take it to the Art. X board!
"The entire community is not anti wind."
Correct. It's just those few who are willing to throw their former friends and neighbors under the bus, in exchange for few pieces of silver.
Wow.
455
It's a bit more than a few, and a number of people on the anti wind side have told me that the supervisor once elected must represent the entire community,even the minority,right?
Remember when Orvis was on the board and he joined pro wind in striking down of free sound study that would set ambients that would provide protection for the entire community?
I agree that the health safety and welfare of the entire community should be represented.
Factions that would agree with decimating life styles and home values of their neighbors
should not be represented.
Factions that try to take away voting privileges, intimidate voters and make false claims of voter fraud should not be represented.
I want my money! I want my money, dammit!
I want my money! I want my money, dammit!
6:11 How short your memory is. Do you remember the previous board who DID NOT represent everybody in the town. Who did not acknowlege the town's request for a moratorium. Who would not let anti-wind people even speak at meetings. It makes me sick to think what they did to this town.
It would be a real kick in the ass, if after all this town has been through, supervisor Hirschey selected a pro-wind advocate to sit on the Art. X siting board.
are you people nuts?
when you achieve political power,especially from the grasp of a formerly corrupted block of narrow-minded fools, you don't willingly relinguish that power by appointing one of those fools to a position, where they could undo all of your work,and contradict the established goals of your community.
One would seriously question the supervisor's intuition and judgement, were he to make such a blunder, simply to appear fair-minded.
this is not a game ,Cuomo is playing for keeps. Do you think he gives a crap about being fair-minded? Hell no!!
We must have resolute ,logical ,and arguably ,spokespersons who will not defer to the illogic of the wind industry. At the very least we must have representatives who will stand firm in their advocacy for our zoning law.
We don't need to be fair ,and we don't need to be nice. If we're going to play in this game, lets play to win for Christs sake.
And, as a side note, there is no relevant reason I can think of why these selections should be kept under wraps from the public.
Jeesus, what a nightmare this is!!
Whoever 7:09 is ,are you serious??What the hell do we care about the sensitivity of the Senators and assemblymen. They just passed the most arrogant, immoral ,abuse of citizens rights legislation, withou so much as a local speech to explain themselves.
They should not be insulated from complaints and lobbying from Cape vincent citizens, they are our representatives, for crying out loud.
What about the right to petition your government,or the right to redress ? I can't believe you even shared such a boneheaded thought on a public medium, or that you haven't at least been bombarded with criticism for posting it.
maybe we do need someone to pray for us!!
818
Why do our state legislators and gov. pass legislation like art x? They do it because they know they can get away with it. They know how we will react. They know that once it is passed and wears what appears to be the legitimate mantle of state law we will fall in line and go along. Oh, they might have to put out a few minor fires and smoke but they know once you show the sheep the path to slaughter they don't know anything other that to go along.
This according to many was supposed to be the election that was a anti wind referendum, that would ensure we would have a home rule choice for the future of our town.
So where are we? Our town is making suggestions on how BP can improve their pip for art x. Which they will use against us. After 6 years of BP disaster in cape Vincent they are now asking the same BP for an industrial solar project. We have the supervisor saying he will hold back the names of the reps he picks for the art x board. We have a zoning law that actually allows some industrial turbines. And there is no organized aggressive opposition to the art x system that will take our home rule rights. All actions are to appease art x.in fear. Our board won't even pass a resolution to oppose art x as the county did.
Now we have commenters here suggesting we should not upset our state legislators with lots of comments or letters. The same leg who stripped away your rights, and set up a system for BP to destroy your community.
Quietly when we weren't looking we have turned into a lunatic bizarro world!
We have learned by now haven't we?
There can be no meeting half way with people who, at best, have completely disregarded the interests of the majority of the town's residents -- and, at worst, have regarded that majority with complete contempt.
It is still hard for some us us to believe we are held in contempt simply because we exist. It's hard to swallow for those of us who want to have faith in human nature and think that misunderstandings are almost always at the root of human conflict. Sorry. It's uglier than that. There is right and there is wrong.
TI, sadly, the answer to your question-"we have learned by now, haven't we" appears to be-no we have not.
I practically fell off my chair when I read the comment that an anti-wind person presented the notion that the supervisor should select a voter for wind to act on the towns behalf as an ad hoc member of the Art. x siting board.
Must be something in the water!
11:23 "What is the point"
One would guess one reason supervisor Hirschey would not want to immediately publicize his selections,is that he expects some criticism, or objections to his selections,and wishes to minimize the flak he will receive.
The question is which side does he expect will criticize his choices?
You would think if the selections are from the anti-wind camp that has carried Hirschey to two terms as supervisor, there would be no criticism ,at least not any that should bother him.
Why would he care if the faction that has publicly embarrassed him with all their shenanigans,including refusing to pay for an audit,asking for an Attorney General probe into his actions, discriminating against the voters of his domain,condone unethical behavior by public officials, etc ,etc., complain about his choice?
Leads you to speculate that perhaps he is actually considering selecting someone either neutral or pro-wind, either of which should garner him plenty of hearty criticism.
His single most crucial criteria in selecting representatives, should be whether they will fight with conviction to preserve home rule and the application in full of our zoning law.
He should be proud as hell to notify the public immediately when he finds these four people.
Secrecy only leads to mis perception, and mistrust.
Good analysis 10:49!
The thought of selecting a pro-wind person to the Art. X siting board is preposterous.
What is the purpose of Art. X? -to speed up the process of permitting wind turbinesin New York state, and remove decision making process from local municipalities.
What is BP's purpose?- to erect wind turbines in Cape Vincent
What is the policy of Voters for Wind? -allow BP or anyone else to erect as many wind turbines in Cape vincent as possible.
How does the revised Comprehensive Plan and Zoning Law of Cape Vincent address industrial wind turbines ?- not a good fit, incompatible with health, safety, and general welfare of citizens, and region environment.
Why would supervisor Hirschey select a pro-wind person to represent Cape Vincent ?--? ? ?
Does supervisor Hirschey and the Cape vincent town board support the revised Comp. Plan and Zoning Law?- ? ? ?
selecting a pro-wind person would be redundant, and unnecessary, as the state will pre-empt our local laws with or without objections. Might as well just let the state do its thing ,than send a pro-wind person to help them along.
selecting a pro-wind advocate to the Art.X siting board, would be like making it to the superbowl and then suggesting that you take the other teams waterboy, as your starting quarterback.
So dumb ,you wouldn't even consider it!
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