The Honorable Urban C. Hirschey
Supervisor
Town of Cape Vincent
1964 NYS Route 12E
Cape Vincent, NY 13618
RE: case 12 – F – 0410
Dear Supervisor Hirschey:
I have received your January 29, 2013 letter which you posed several questions
regarding the preliminary scoping procedures established pursuant to Article 10 of the public service law. Responses to your inquiries are given below.
If BP chooses to ignore a number of items on our list of potential impacts when they submit their PSS as and we object during the comment period and argue for their inclusion, can the hearing examiner compel BP to include these impacts in a revised PSS?
No. The hearing examiner does not direct the outcome of the scoping process.After the
developer has filed a preliminary scoping statement(PSS), any person, agency, or municipality
may submit comments on the proposed scope by serving such comments on the applicant and
filing a copy with the Secretary. The developer is required to prepare a summary of the material comments and its responses to those comments within 21 days after the closing of the comment period. (See 16 NYCRR 1000.5 (g). Thereafter, it is contemplated that the developer will work
with interested parties to resolve any disagreements they may have about the sufficiency of the
planned scope and the studies to be included in the application. The hearing officer's role during
the PSS phase is,among other things, to distribute intervenor funds and to mediate stipulations
among the parties, where possible.(See PSL – 163(5); 16NYCRR 1000.5( i)).
Can BP be made to revise and resubmit their PSS? if not, then what recourse would the town
have in this case?
No. As described above, applicants are required to prepare a summary of the material comments received regarding the PSS and to provide a reply to those comments. Once an application has
then filed, any party that is not a signatory to a pre- application stipulation may raise objections at the hearing as to the methodology or scope of any study or program of studies performed.(See
PSL – 163( 5) and 16 NYCRR 1000.5 (k)).
If BP chooses not to revise and consider any suggestions during the PSS comment period ,is it
possible they could move on to the application phase without responding to the Town and the hearing examiner?
Yes. While the law requires a potential applicant to respond to comments on the PSS,it does not
require the developer to adopted the recommendations made during the preliminary scoping phase.
As noted above, parties may raise objections to the methodology or scope at the hearing on the application.
If you have any additional questions or concerns relating to the PS as process,
please contact Ashley Moreno, Assistant Counsel,at ( 518) 473 – 8123.
Very truly yours,
Jeffrey C.Cohen
Acting Secretary
6 comments:
Maybe the town officials who signed the letter to the PSC stating that they thought the ART. X rules were promulgated to be fair to everyone should have asked these questions beforehand.
Still think Cape Vincent is going to get a fair shake?
The town better be prepared for a legal challenge in court. There will be no fair play from this siting review process.
Still speechless!
How much does Bp pay you guys for this dribble?
You have done more to lift the spirits of the Voters for Wind than Marion Trieste ever did with your ever-long wish and prediction of failure of the Hirschey government and the Cape Vincent blogs.
Every major corporate takeover of a business or of a town has a backdoor mole or 2. Sleepless? I don't think so. You may want to get some sun glasses for the day you come out from under Marion's skirt to check for your shadow.
This letter says BP can double-dribble, have 10 men on the court and not give up the ball after scoring. It also says the referee (PSC) will look the other way, only to make sure the little upstarts, us municipalities, don't make a single misstep or the whistle will be blown.
Then do something about it other than your constant attempts of destroying the will of the public officials and efforts of others.
Then do something about it other than your constant attempts of destroying the will of the public officials and efforts of others.
anybody care to clarify exactly what or who is a "signatory to a pre-application stipulation" ?
sounds like something that should be taken care of maybe in the bathroom in private,and might hurt!
The way this whole process is going, it sounds like we all may experience some "post- application stipulating" from Andrew Cuomo.
I'm pretty sure that's administered while bending over.
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