The following is a reproduction of a letter sent to Supervisor Hirschey Re: the Article 10 process
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NYS BOARD ON ELECTRIC GENERATION SITING
AND THE ENVIRONMENT
STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE
Three Empire State Plaza, Albany, NY 12223-1350
www.dps.ny.gov/sitingboard
GARRY A. BROWN Peter McGowan
Chair General council
JACLYN A. BRILLING
KENNETH ADAMS Secretary
JOSEPH MARTENS
FRANCIS J. MURRAY, JR.
NIRAV SHAH, M.D.
Members
The Honorable Urban Hirschey
Supervisor, Town of Cape Vincent1964 NYS Route 12E Cape Vincent, NY 13618
Re: Case 12-F-0410 - Cape Vincent Wind Power Project
The New York State Board on Electric Generation Siting
and the Environment (Siting Board) is empowered to issue
Certificates of Environmental Compatibility and Public Need
(Certificate) authorizing the construction and operation of
major electric generating facilities in New York State.
As Secretary to the Siting Board, I have opened a case
to track a possible future application by Cape Vincent Wind
Power, LLC for a Certificate to construct and operate a
200-285 Megawatt Wind Energy Facility in the Town of Cape
Vincent, Jefferson County. If the case proceeds, two ad hoc
public members will be appointed for the special purpose of
providing a local voice in the decision on the application for a
certificate.
This is to give you early notice that should the
applicant proceed to file a Preliminary Scoping Statement
regarding the project, as the chief executive officer of the
Town of Cape Vincent you will have the duty to nominate four
candidates potentially to serve as ad hoc public members of the
Siting Board. The chief executive officer of Jefferson County
will also have a duty to nominate four candidates. Your
nominations will need to be submitted to the President Pro Tem
of the Senate and the Speaker of the Assembly within fifteen
days of receipt by you of notification of the pre-application
Preliminary Scoping Statement.
While no action is required of you at this time, you
may wish to familiarize yourself with your nomination powers
pursuant to Article 10 of the Public Service Law and begin
considering candidates so that you will be prepared to act
within the fifteen day time period if and when that should
become necessary.
Attached to this letter is a fact sheet about the
Siting Board and the ad hoc public members that may be useful to
you. You may also obtain more information about the Siting
Board and Case 12-F-0365 at: http://www.dps.ny.gov/SitingBoard/.
Please contact me if I can be of any further
assistance.
Sincerely,
/s/
JACLYN A. BRILLING
Secretary
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SITING BOARD
FACT SHEET
Q. What is Article 10?
A. "Article 10" was enacted in 2011 to be a portion of the New York State Public Service Law. It is a general state law that is applicable in all of New York State. Article 10 empowers the New York State Board on Electric Generation Siting and the Environment (Siting Board) to issue Certificates of Environmental Compatibility and Public Need (Certificate) authorizing the construction and operation of major electric generating facilities.
Q. What is the "Siting Board"?
A. The Siting Board is a governmental entity of New York State organized within the Department of Public Service. The Siting Board was established primarily to review applications and to issue certificates authorizing the construction and operation of major electric generating facilities. When the Siting Board is reviewing an original application for a certificate, it consists of five permanent members and two ad hoc public members. The five permanent members of the Siting Board also have additional responsibilities to promulgate regulations for the implementation of Article 10, and they have jurisdiction with respect to the amendment, suspension or revocation of a certificate.
Q. Who are the permanent members of the Siting Board?
A. The five permanent members of the Siting Board are the Chair of the Department of Public Service who serves as chair of the Siting Board; the Commissioner of the Department of Environmental Conservation; the Commissioner of the Department of Health; the Chair of the New York State Energy Research and Development Authority; and the Commissioner of Economic Development. The permanent members may designate an alternate to serve instead of the member with respect to all proceedings provided that such designation is in writing and filed with the chairperson.
Q. What is meant by the term "ad hoc"?
A. "Ad hoc" is a Latin term meaning "for this special purpose". Two ad hoc members will be appointed for the special purpose of providing a local voice in each proceeding conducted to consider specific individual applications for certificates. Each facility application will have its own unique ad hoc members and therefore its own unique Siting Board.
Q. How is the list of candidates established in the City of New York?
A. If such facility is proposed to be located in the City of New York, the chair person of the community board, the borough president, and the mayor shall each nominate four candidates for consideration.
Q. How is the list of candidates established in a town outside of any villages or in a city other than the City of New York?
A. If such facility is proposed to be located in a town outside of any villages or in a city other than the City of New York, the chief executive officer representing the municipality shall nominate four candidates and the chief executive officer representing the county shall nominate four candidates for consideration.
Q. How is the list of candidates established in a village?
A. If such facility is proposed to be located in a village, the chief executive officer representing the town shall nominate four candidates, the chief executive officer representing the county shall nominate four candidates, and the chief executive officer representing the village shall nominate four candidates for consideration.
Q. What resources are available to assist the Siting Board?
A. The chairperson shall provide such personnel, hearing examiners, subordinates and employees and such legal, technological, scientific, engineering and other services and such meeting rooms, hearing rooms and other facilities as may be required in proceedings under this article. The Department of Environmental Conservation shall provide associate hearing examiners. The Secretary and the General Counsel to the Public Service Commission serve as Secretary and the General Counsel to the Siting Board.
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