Wednesday, April 10, 2013

IS BP's Progress to date in the Article 10 Process transferable to a new owner?

BP recently announced that they are selling their wind division off. This leaves many unanswered
questions about BP and the development of their Cape Vincent Wind project.

At last Wednesdays BP, Preliminary Scoping Statement workshop, Town Councilman Clif Schneider  asked if the progress that BP has made to date with the Article 10 process is transferable  to a new owner.
Councilman Schneider pointed out that once a certificate is granted there are provisions in the Article10 law that allow it to be transferred to a new owner, but that there do not appear to be any provisions to transfer the process to a new owner before a certificate is granted .
  BP’ lawyer John Harris did not seem to be prepared for Councilman Schneider’s question.

11 comments:

Anonymous said...

Does a blue blazer give you the right to make stuff up?

If Art 10 says you can only transfer rights after a certificate has been issued then what is Harris suggesting about a big well funded corporate entity getting rights transferred? Oh, little guys need not apply, just the big players.

He's making this up. If transferring rights isn't in the law then you just can't make stuff up.

Anonymous said...

So Harris is saying that as long as BP sells the Cape project to another humongous immoral corporation , with no consideration of local laws,well funded enough to buy off the state, the review board is likely to accept whatever progress has taken place by BP.

Sounds about right!

Anonymous said...

Harris has been around, read between the lines.

He basically stated that if a large well funded entity is interested in buying into Cuomo's game, the review board would probably accept all the prior work done by BP.

New York would likely be relieved some other developer would show interest. Remove some of the unpleasant atmosphere that surrounds negotiating with a sleazy company like BP with its sordid history.

Stay Focused said...

BP spokespeople are putting out the word to news sources that they have several wind projects in development that "shovel ready" or nearly so.

They recently pulled the plug on one project in Kansas - leaving them with exactly three development project nationwide - another one in Kansas, one in Virginia and Cape Vincent. None of these three projects is remotely close to being shovel ready.

BP is a prime example of the reality that you can say pretty much anything you want to say until someone proves you wrong -- and even then you can keep right on saying it because you know that the vast majority (including news reporters) don't have the inclination to bother to check your facts (I mean assertions.)

Anonymous said...

On a political note, this is why people like Schneider and not some Aubertine-Wiley-King picked no nothing shoudl be running our town at this time.

Anonymous said...

So if Scheider is right, BP will simply have to wait until they get approved by the review board to sell.

Maybe they are getting second thoughts about their chances with the review board ,and want to sell before they are refused.

smart tactic by Harris to imply to any buyer that they could pick up right where BP leaves off without a hitch.

Anonymous said...

8:20 typical election campaign management. give credit where none is due.

Anonymous said...

Any company that is considering the purchase of BP's Cape project is watching this blog, downloading information and sniffing around looking for information, because information is king.

Transfer of rights is important because it could save a new buyer more than 6 months of work and that would be more attractive.

On the other hand, if a new owner would have to go to square one, that would be unattractive.

Looks like an important point if you are defending your town and it looks like Harris was blowing smoke.

I think the questioner already knew the answer was no, they cannot transfer their progress in Article 10 before a certificate is issued.

Anonymous said...

Next comes the tie. Then even the leaseholders are no longer friends of the company. They served their master and now they are property to be sold with the project. At what point do they realize they sold out their town to Bp and Marion?

Anonymous said...

The time is now for all those BP leaseholders who wish they had never gotten involved with this whole deal to say enough is enough. Tell BP to stick their leases in their ass. Walk away be for you are owned by communist China.BP will not spend the money to sue you.

Anonymous said...

4:02 You speak as if you think the leaseholders in Cape Vincent would give a rats ass about whether their land is controlled by China. Money is money, as long as it is green.

It wouldn't be fair to the developer, to exclude them just because they're Chinese.

Don't tell them what to do with their land!