bp_ cvwf _amended pip 3-22-13

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  • 7/29/2019 BP_ CVWF _Amended PIP 3-22-13

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    BROWN&WEINRAUB,PLLC

    ATTORNEYS AT LAW

    50 State Street Albany, New York 12207

    Telephone (518) 427-7350 Facsimile (518) 427-7792

    New York City Office: John S. Harris

    233 Broadway, Suite 2070 email: [email protected]

    New York, New York 10279

    Telephone (212) 566-4600

    Facsimile (212) 566-4603

    March 21, 2013

    Honorable Jeffrey Cohen

    Acting Secretary

    New York State Board on Electric Generation Sitingand the Environment

    3 Empire State Plaza

    Albany, NY 12223

    RE: Case 12-F-0410: Application of Cape Vincent Wind Power, LLC, for a Certificate of

    Environmental Compatibility and Public Need to Construct an Approximately 200-

    285 Megawatt Wind Electric Generating Facility in the Town of Cape Vincent, NewYork.

    Dear Acting Secretary Cohen:

    Cape Vincent Wind Power, LLC (CVWP), a subsidiary of BP Wind Energy North

    America Inc., seeks a certificate of environmental compatibility and public need under Article Xof the Public Service Law to construct an approximately 200-285 megawatt wind electric

    generating facility in the Town of Cape Vincent, Jefferson County, New York (the Project).

    On September 17, 2012, CVWP, submitted its Public Involvement Program plan (PIP) for

    review pursuant to Section 1000.4 of the rules of the New York State Board on Electric

    Generation Siting and the Environment (Siting Board). Department of Public Service (DPS)staff reviewed CVWPs proposed PIP and, on October 17, 2012, provided CVWP with a number

    of recommended additions to the PIP to satisfy relevant requirements in the new Article 10regulations. On November 16, 2012, CVWP submitted a final PIP which addressed and

    incorporated staffs recommendations.

    On March 14, 2013, we received correspondence from the Secretary to the Siting Board

    notifying us that one of the proposed generator interconnection line routes for the Project is

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    located in the Village of Chaumont. As per the Secretarys instructions we have amended

    applicable sections of the PIP to reflect the need to include consultation with the Village of

    Chaumont as a directly affected stakeholder.

    Respectfully submitted,

    /s/John S. Harris

    Cc: Michael Rigo, Esq

    Richard Chandler

    Steve Wilson, Esq.

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    STATE OF NEW YORK

    BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT

    ______________________________________________________________________

    Application of Cape Vincent Wind Power, LLC, for aCertificate of Environmental Compatibility and Public Need to

    Construct an Approximately 200-285 Megawatt Wind ElectricGenerating Facility in the Town of Cape Vincent, New York.

    ______________________________________________________________________

    Case 12-F-0410

    PUBLIC INVOLVEMENT PROGRAM

    AMENDMENT

    John S. Harris, Esq.

    Brown & Weinraub, PLLC50 State Street

    Albany, NY 12207

    Tel: (518) 427-7350Fax: (518) 427-7792

    [email protected]

    Michael Rigo, Esq.

    Richard ChandlerBP Wind Energy North America Inc.

    700 Louisiana Street, 33rd

    Floor

    Houston, Texas 77002Tel: (713) 354-4814

    Fax: (713) 354-2120

    [email protected]@bp.com

    mailto:[email protected]:[email protected]:[email protected]
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    2

    STATE OF NEW YORK

    BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT

    ______________________________________________________________________

    Application of Cape Vincent Wind Power, LLC, for aCertificate of Environmental Compatibility and Public Need to

    Construct an Approximately 200-285 Megawatt Wind ElectricGenerating Facility in the Town of Cape Vincent, New York.

    ______________________________________________________________________

    Case 12-F-0410

    PUBLIC INVOLVEMENT PROGRAM

    AMENDMENT

    I. PURPOSE OF AMENDMENT

    Cape Vincent Wind Power, LLC (CVWP or Cape Vincent Wind Power) a

    subsidiary of BP Wind Energy North America Inc., hereby submits an amendment to the

    proposed Public Involvement Program plan (Amended PIP) to the Department of Public

    Service (DPS) for review. A final Public Involvement Program plan (PIP) was

    submitted to DPS on November 16, 2012. The purpose of this Amended PIP is to

    specifically add the Village of Chaumont, Jefferson County, as an additional municipality in

    which a portion of the proposed CVWP 200-285 megawatt wind electric generating facility

    may be located (the Project).

    II. REVISED PROJECT DESCRIPTION

    Section II. B. of the PIP is amended to include the following Project information:

    The Project includes a possible generator interconnection line route, which includes a section

    of approximately 450 yards in length that runs along Jefferson County Route 179 in the

    Village of Chaumont, New York (the Village); a map detailing this section is attached as

    Exhibit A. The Project does not propose any wind turbines in the Village of Chaumont.

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    3

    III. AMENDED PUBLIC INVOLVEMENT PROGRAM

    A. IDENTIFICATION OF SPECIFIC STAKEHOLDERS

    Section IV. A. of the PIP is amended to add the Village of Chaumont to the list of

    stakeholders as a host municipality. Additionally the Village is not an environmental

    justice (EJ) area. According to the 2010 US Census data, the Village of Chaumont does

    not meet or exceed either of the following EJ statistical thresholds:o At least 33.8 percent of the population reported themselves to be members of

    minority groups; or

    o At least 23.59 percent of the population in an urban or rural area had householdincomes below the federal poverty level.

    B. LANGUAGE ACCESS

    Section IV.B of the PIP is amended as follows: English is the language spoken very

    well by over 99 percent of the residents of the Village of Chaumont.

    C. IDENTIFICATION OF GOALS AND METHODS FOR SPECIFICSTAKEHOLDER CONSULTATIONS

    Section IV.C of the PIP is amended as follows: The Amended PIP will include

    consultation with the Village of Chaumont. The chart contained in Section IV.B of the PIP

    will be amended to include tracking of consultation with the Village of Chaumont. The

    initial schedule for outreach, with Village of Chaumont is as follows:

    1) A letter was sent to the Village on March 14, 2013, alerting the Mayor of the

    Village that one of the proposed routes for the generator interconnection line runs

    approximately 450 yards along County Road 179 in the Village of Chaumont.. The letter

    contained links to the Project website as well as the DPS website. Hard copies of the PIP, an

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    4

    intervenor funding application, guidance on intervenor funding, a map of the Project, and

    Project factsheets were included in this correspondence.

    2) On March 20, 2013, Cape Vincent Wind Power contacted the Mayor by telephone

    and provided an overview of the Project and the Article 10 process, including intervenor

    funding, and answered questions regarding each of these topics. A hard copy of a more

    detailed map showing the location in the Village for one of the proposed generator

    interconnection line route alternatives was sent to the Mayor by overnight mail (see Exhibit

    A).

    On a going forward basis, the Village will be notified and invited to Open House

    Events and Workshops as well as added to the mailing distribution list. The goal of such

    outreach is to identify the environmental setting that may be affected and any potentially

    significant adverse environmental and health impacts. CVWP will continue to solicit input

    from the Village.

    3) The environmental setting that may be affected in the Village will include Noise,

    Visual, Property Values, Wildlife, and Public Health. Potentially Significant Adverse

    Environmental and Health Impacts could include, elevated noise and decreased property

    values as well as loss of wildlife and habitat. Cape Vincent Wind Power will use the DPS

    methodology (included in Attachment 3 to the DPS comments on the initial PIP submission)

    for tracking successful consultation or outreach. Consultation will be deemed successful if

    information relevant to the Village was provided to the Village, information was gathered to

    help advance the PIP process and preparation of the application, and follow up meetings or

    consultations were scheduled if deemed necessary.

    4) It is expected that the following types of information will be or already have

    been provided to the Village:

    a. Project description and locationb. Description of Article 10 of the Public Service Law

    o Explanation of the phases of the Article 10 process

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    o Explanation of why the Project is going through the Article 10 process

    o Explanation of the Public Involvement Plan and why CVWP is conducting theoutreach

    o Explanation of how the Village can participate in the Article 10 processo Description of the available Intervenor Funding why it is available, how much

    will be available, when the funds will be available, who is eligible for funding,

    what the process is for obtaining funding.

    5) CVWP will be seeking input from the Village of Chaumont on the identification of

    any local laws or requirements that may be applicable to the Project.

    6) CVWP will reach out to local emergency response organizations (EROs) in the

    Village (to the extent not already covered by previous communications with local EROs) to

    inform the analysis of whether all contingency plans to be implemented in response to the

    occurrence of a fire emergency or a hazardous substance incident can be fulfilled by existing

    local emergency response capacity, and to identify any specific equipment or training

    deficiencies in local emergency response capacity.

    D. NOTIFICATIONSSection IV.G of the PIP is amended by adding the following provisions: The Village will be provided

    notice (as more particularly described in Section IV. G of the PIP), of significant Project milestones

    and Public Hearings as well as all notices required by Article 10 of the Public Service law and the

    implementing regulations thereunder. CVWP will also confirm that the media outlets and news

    sources referenced in the PIP are appropriate for the Village and include the official publication of

    the Village.

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    Exhibit A

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    "

    O Drawn BDate: 3

    NAD 83

    State Plane Coordinate System

    New York Central (FEET)

    Gen-Tie Lin

    0 470 940 1,410 1,880 Feet

    Parcel Boundaries have not been surveyed - data from Jefferson County GIS.Background Sources: Copyright: 2011 National Geographic Society, i-cubed

    Legend

    " Existing SubstationGenerator Interconnection Line

    Village of Chaumont Boundary