The Town of Cape Vincent sends a Letter to the Public Service Commission ~ Concerning BP's Preliminary Scoping Statement

February 22, 2013

Honorable Jeffrey C. Cohen

Acting Secretary, NYS Board of Electric Power

Generation Siting and Environment

Three Empire State Plaza

Albany, New York 12223-1350

Re: Case 12-F-0410 Cape Vincent Wind Power, LLC

Dear Secretary Cohen:

The Town of Cape Vincent has been struggling with how to best ensure that all of the potentially
negative environmental, health, safety and welfare issues are properly and thoroughly addressed
by BP in their Preliminary Scoping Statement.

To date our attempts to identify and discuss issues with BP were unsuccessful. Whenever we
sought answers, responses from BP generally do not come at all. On those few occasions when
BP representatives came to our town, their responses to even our most basic inquiries were
dismissive, evasive and impatient in their tone. Our concern is that BP’s inattention in the past
will carry over into their Preliminary Scoping Statement that may overlook many of the potential
adverse impacts the Town has identified.

BP clearly understands the nature of our concerns as evidenced by the language included in their
so called Good Neighbor Agreement. In these agreements BP identified many of the potentially
adverse environmental impacts to landowners within and near the footprint of their project
proposal. However, for BP to act in their dealings with the Town as if these adverse impacts are
not pertinent, not relevant or untimely, shows no trace of good faith in their pretended public
involvement and public outreach effort here in Cape Vincent.

Please note the opening paragraph and first part of BP’s “Wind Farm Neighbor Easement
Agreement and Declaration of Restrictive Covenants” as shown below:

1. Wind Farm Operations Easement. Owner grants Grantee an exclusive easement in ,

on, over, across and through Owner’s Property, for the purpose of allowing any audio,

visual, view, light, noise, vibration, shadow, flicker, air turbulence, wake, ice,

electromagnetic, electric and radio interference, ice throw or other weather created

hazards or other effect of any kind whatsoever resulting directly or indirectly from

any construction, development, repair, maintenance, replacement, or operation of

Grantee’s Windpower Facilities or other of Grantee’s activities on the Wind Farm,

that could interfere with the Owner’s peaceful enjoyment and use of the Owner’s

Property.”

By including the issues of “… any audio, visual, view, light, noise, vibration, shadow, flicker, air
turbulence, wake, ice, electromagnetic, electric and radio interference, ice throw …” in their
agreement, BP identified these as significant adverse impacts that may negatively impact the
environment, health, safety and welfare of the “Owner” and therefore by inference the entire
community.

BP's Good Neighbor Agreement provides a far more comprehensive listing of potentially adverse
environmental impacts for Town of Cape Vincent residents than what BP describes in their revised and approved PIP. For example, their PIP identifies noise, shadow flicker, decreased property values and loss of wildlife and habitat as the only adverse impacts that should be discussed
with the Town. The town contends that BP's Preliminary Scoping Statement of potentially adverse impacts should be as complete and consistent as that which BP requires in the Good Neighbor agreements.

Our belief is that BP has no intention of being transparent and fully informative as they press
forward with this project. Their past history with us suggests this will be the case. Our request
of the Siting Board and case staff is for you to make every effort to insist that BP properly and
fully address each of the impact factors in their scoping statement that they expect their
cooperating landowners to wave.

Thank you for continued attention to our concerns.

Respectfully yours,

Urban Hirschey – Town Supervisor

Brooks Bragdon – Deputy Supervisor

John Byrne – Town Council

Clifford Schneider – Town Council

Michelle Oswald – Town Council


We the undersigned appointed officials from the Town of Cape Vincent endorse and
fully support this Town Board letter to the Public Service Commission regarding the
Article 10 application for the Cape Vincent Wind Power project proposal.


Richard Macsherry – Planning Board Chairman

Robert Brown – Planning Board

Cyril Cullen – Planning Board

Paul Docteur – Planning Board

R. Dennis Faulknham – Zoning Board of Appeals Chairman

Ed Hludzenski – Zoning Board of Appeals

Keith Walker – Zoning Board of Appeals

Hester Chase – Zoning Board of Appeals

James Millington – Zoning Enforcement Officer