NYS Department of Environmental Conservation

BEFORE THE STATE OF NEW YORK
PUBLIC SERVICE COMMISSION
_______________________________________


APPLICATION OF CAPE VINCENT WIND POWER, LLC FOR
A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY
AND PUBLIC NEED TO CONSTRUCT AN APPROXIMATELY CASE 12-F-0410
200-285 MEGAWATT WIND ELECTRIC GENERATING
FACILITY IN THE TOWN OF CAPE VINCENT, NEW YORK
___________________________________________________________


COMMENTS OF
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ON THE
PRELIMINARY SCOPING STATEMENT
FILED BY
CAPE VINCENT WIND POWER, LLC
Dated: April 18, 2013

Larry S. Eckhaus, Esq.

Senior Attorney

Office of General Counsel

NYS Department of

Environmental Conservation

625 Broadway -14th Floor

Albany, NY 12233-1500

(518) 402-9533

lseckhau@gw.dec.state.ny.us

NYSDEC Comments to CVWP PSS (Case No: 12-F-0410) {continued}

INTRODUCTION

Pursuant to 16 NYCRR § 1000.5(g), the New York State Department of Environmental

Conservation (“DEC”) submits the following comments on the Preliminary Scoping Statement (“PSS”) 

filed on March 29, 2013 by Cape Vincent Wind Power, LLC (“CVWP” or “Applicant”) with respect to 

the proposed Cape Vincent Wind Farm (“CVWF”) - a major electric wind generating facility. Pursuant 

to PSL Article 10 § 166(1)(b), DEC is a party to this proceeding and filed a Request for Party Status 

with the Secretary on April 18, 2013.

OVERVIEW

In DEC’s opinion, and as evidenced below, the PSS filed by CVWP is not in the form that it will 

appear in the application – making review difficult; and although replete with redundancies, is also 

lacking in reasonably available and necessary information, while containing a host of items needing  

further clarification. 

The PSS does not contain any Exhibits using the numbering system in the 

regulations, but rather uses its own alphabetic nomenclature with subparts, repeating some of the same 

information and statements from section to section.

 It also appears to DEC that the PSS is, for the most 

part, very general in nature, lacking in specificity of important local elements to this particular project, 

and devoid of “as much information as is reasonably available concerning the proposed facility”. 

Many 

of the Applicant’s responses to comments and questions raised during consultations remain unanswered, 

or simply state that they will be addressed in the application. 

Clearly, the PSS is not in compliance with 

either the intent or spirit of the requirements of 16 NYCRR § 1000.5 especially Subsection (l)(1 through 

8), which are intended to allow for a meaningful discussion between the Applicant, the public, affected 

agencies, and other stakeholders toward development of the Application.

To read complete document link below

Department of Environmental Conservation Comments to BP's PSS