On March 29, 2013 Bob Dudley and BP began the next stage on its path
toward certification, it filed a Preliminary Scoping Statement (PSS). A scoping statement outlines the issues and
studies that an applicant must include in their formal application. The full-blown application includes all the
details needed by Public Service staff and the Siting Board to understand the
project proposal. It includes project
layout details, various permits, equipment, construction details as well as
assessing potential adverse environmental impacts, such as noise, shadow
flicker, safety setbacks, projected bird and bat kills and a number of other
issues.
Twenty-one days after Bob and BP's scoping statement was submitted, the
public, Town and state agencies filed their reviews of the scoping statement on
April 19, 2013. The Department of Public
Service, Department of Environmental Conservation and the Town provided
extensive, detailed critiques of Bob Dudley and BP's statement. Collectively the recommendations included a
complete makeover of all the environmental studies they conducted in the past,
with a number of new study requirements as well. For Bob and BP to properly respond will
require a year or more before a complete application could be filed.
Bob Dudley and BP were required under the rules of Article 10 to file:
"Summary of Comments on the Preliminary Scoping Statement" on May 10,
2013. For the most part Dudley and BP
failed to respond to the State agency reviews.
In a remarkable display of corporate arrogance toward the Town, Bob
Dudley and BP stated their proposed Cape Vincent project was "...not
consistent with the Comprehensive Plan to the extent that the Project conflicts
with the zoning law." Bob
Dudley appears to be saying the hell with the wishes of Cape Vincent we want
our money dammit!
On Tuesday May 21, 2013 the Administrative Law Judges from the
Departments of Public Service and Environmental Conservation came to Cape
Vincent to award $99,750 in intervenor funds, most of which went to the Towns
of Cape Vincent and Lyme. These funds
will be used to hire technical experts to further review Bob Dudley and BP's
scoping document and add to the already extensive list of studies. In addition, the experts will suggest
specific methods to employ in these studies.
At the conclusion of meeting the judges outlined what is called the
Stipulation Phase of the Article 10 process.
This phase has no time deadline and will end when Bob and BP and any
interested parties complete negotiations to explore possible agreements on some
of the issues outlined in the scoping statement and reviews. The next step in the process after
Stipulation will be a time when BP could file its formal application, however,
the application can be filed no earlier than June 17, 2013.
So, where is Bob Dudley, BP's CEO, taking BP this summer? Will he wait to comply with all the study
recommendations put forth by the Town and state agencies? As noted previously, this could take well
over a year. This seems unlikely, since
BP has its entire North American wind operation up for sale. Why invest in expensive, long-term studies if
Bob and BP are going to sell and bail-out?
After Stipulation Bob Dudley and BP's best plan may be to do
nothing. By doing nothing they will halt
any further expense on a project that is on the auction block, which makes sense. If there are any inquiries by interested
investors, BP and Bob Dudley can claim they are in the process of submitting a
formal application to the New York Siting Board. That would give the illusion that Bob and BP
were actually doing something.
Another option would have Bob Dudley and BP submit an application made
up of all the old, stale studies the Town and State agencies found so
lacking. Just repackage, add some
lipstick and submit it and see if it flies.
However, for Bob and BP to ignore extensive recommendations by the
Departments of Public Service and Environmental Conservation, whose
commissioners sit on the Siting Board, would be asking for its application to
be considered incomplete, inadequate and substantially lacking. Why bother if Bob Dudley is only going to get
his hand slapped by Albany bureaucrats.
I'm sure Bob wouldn't like that.
Richard Chandler can look for a job elsewhere, Bob Dudley can try to figure out where BP will get all the money to pay off its debts in the Gulf and we citizens of Cape Vincent can enjoy our summer in the gorgeous Thousand Islands region of New York. The Town, on the other hand, will recharge its batteries, increase its resolve, continue preparing for battle and take whatever steps are necessary to defend our beautiful little piece of God's country. For the rest of us, maybe we can forget about wind for a summer. That would be nice.
