Hon. Jaclyn A. Brilling

   I wish to advise you of the following decision made by the US Environmental Agency against BP. The information printed below is copied directly from the EPA web site and I would expect that this important decision made by the EPA would have a direct impact on the proposed Cape Vincent wind factory making it impossible for BP to continue the Cape Vincent wind factory development.

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Hon. Jaclyn A. Brilling
Secretary, New York State Public Service Commission Three Empire state Plaza
Albany, NY 12223-1350

Re: Case 12-F-0410 

Dear Secretary Brilling:

I am contacting you with regard to the proposed wind factory planned by BP (British Petroleum) in the town of Cape Vincent, New York. I wish to advise you of the following decision made by the US Environmental Agency against BP. The information printed below is copied directly from the EPA web site and I would expect that this important decision made by the EPA would have a direct impact on the proposed Cape Vincent wind factory making it impossible for BP to continue the Cape Vincent wind factory development.

News Releases - BP Spill

BP Temporarily Suspended from New Contracts with the Federal Government

Release Date: 11/28/2012
Contact Information: Stacy Kika, kika.stacy@epa.gov, 202-564-0906, 202-564-4355WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it has temporarily suspended BP Exploration and Production, Inc., BP PLC and named affiliated companies (BP) from new contracts with the federal government. EPA is taking this action due to BP’s lack of business integrity as demonstrated by the company's conduct with regard to the Deepwater Horizon blowout, explosion, oil spill, and response, as reflected by the filing of a criminal information. On November 15, 2012, BP agreed to plead guilty to eleven counts of Misconduct or Neglect of Ship Officers, one count of Obstruction of Congress, one misdemeanor count of a violation of the Clean Water Act, and one misdemeanor count of a violation of the Migratory Bird Treaty Act, all arising from its conduct leading to the 2010 Deepwater Horizon disaster that killed 11 people and caused the largest environmental disaster in U.S. history.
For the Deepwater Horizon investigation, EPA was designated as the lead agency for suspension and debarment actions. Federal executive branch agencies take these actions to ensure the integrity of Federal programs by conducting business only with responsible individuals or companies. Suspensions are a standard practice when a responsibility question is raised by action in a criminal case.
The BP suspension will temporarily prevent the company and the named affiliates from getting new federal government contracts, grants or other covered transactions until the company can provide sufficient evidence to EPA demonstrating that it meets Federal business standards. The suspension does not affect existing agreements BP may have with the government.

BP has had an incredibly poor record of death, personal injury and environmental destruction wherever they have done business and this should be taken into account by the New York State Board on Electric Generation Siting and the Environment should this matter reach the siting board as a result of the Article X process. With BP’s deplorable history I wonder how any of the siting board members could possibly curse a NYS community with a project associated with this company. Would any of the siting board members welcome this foreign company into their own community? If the answer to this question is NO – then how could the siting board members malign another NYS community by forcing an unwanted wind project upon them – particularly when the project owner has the worst record of safety of any company on earth? BP has been fined billions in the most recent Deep Horizon disaster in the Gulf of Mexico and punished in dozens of documented US industrial disasters prior to this latest adversity.

At the very least – the recent EPA decision should impact BP’s plan for a wind factory in NYS at Cape Vincent and halt the wind project. It is unfortunate that the NYS legislature and Governor have stripped New Yorkers of home rule on power plant siting instead of leaving these decisions within the affected community. As a result of this letter the New York State Board on Electric Generation Siting and the Environment is now aware of the US EPA decision AGAINST BP. The siting board should therefore reject any effort by BP to do business within NYS and exercise their Art. X powers wisely on behalf of the people.

Sincerely,

Alan Isselhard

Wolcott, NY 14590