BUYER BEWARE ~ BP's Shameful record in Cape Vincent

 BP’s sordid history in Cape Vincent began with their signing many of our town officials and their families to wind leases and good neighbor agreements, knowing this would create blatant conflicts of interest. This is a violation of the town’s ethics code and NY State law. BP’ has stated lofty intentions with their Cape Vincent wind project however their actions tell a different story…
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BP’s Cape Vincent Wind’s development manager wrote a letter to the Town of Cape Vincent and the Article 10 siting board. Each letter had the same theme.

Chandler: BP Wind Energy has already been engaged with the local community for years on the Cape Vincent Wind Farm project and such work should not be ignored.
Additionally Chandler added: the proposed Zoning Law would effectively prohibit wind generation from being sited within the Town. The Town has already evaluated potential impacts from the Cape Vincent St. Lawrence wind farm projects and made favorable findings.

The favorable findings that BP’s Chandler speaks of resulted from BP and Acciona tampering with the Local Legislative Process.

In 2006 both BP Energy and Acciona Energia began the permitting process for two proposed industrial wind projects in Cape Vincent. At the time we had no provision in our zoning law to regulate or guide wind development. After two aborted attempts at drafting a wind law by previous town lawmakers, a committee convened in 2010 for a third try. The committee consisted of a representative and leader of a local wind leaseholder group as well as wind lease holding town officials.
At the February 5 and 6, 2010 meetings, with the assistance of the Town's consulting acoustical engineers, Cavanaugh Tocci Associates, Sudbury, MA, the noise section of the draft wind law was completed . It followed the NYSDEC guideline that no new noise source can exceed background sound by more than 6 dBA, but it also included details for measuring background sound and compliance testing that is missing in the NYSDEC policy.

Contrary to BP's assertion, they did NOT support development of our wind ordinance.
 The wind law committee had reached a consensus at the February 2010 meeting but through the efforts of BP and their leaseholders that agreement was sabotaged.

Shortly after the May 2 wind law meeting began Beth White, committee member and spokesperson for the leaseholder group, suggested picking 50 dBA for a noise limit rather than what the committee had agreed to at the previous meeting. At this point she began discussing economic impacts. White explained that a 50 dBA noise limit would have financial benefits to the community. White presented a spread sheet containing facts and figures to support her claim.
Bottom line a less protective wind law would mean bigger money for the community and lease holders. The lease holding committee members agreed with White blindsiding the other committee members.

May 5, 2010 Three days after this travesty of a meeting, BP’s Business developer, Jim Madden sent a letter to the Cape Vincent Town Board containing data prepared by BP; coincidentally it was the same spread sheet with the same data that White had claimed as her own.

Madden: “The Town of Cape Vincent has been working on developing a wind ordinance for almost two years now. Through this time, BP Wind has supported the development of a wind ordinance so that expectations for siting, construction and operations of wind farms can be clearly established and uniformly enforced. However, despite recent efforts, it appears that a wind ordinance will not be implemented this year, largely due to a lack of agreement on noise limits.”

Additionally Madden wrote “As the limits are tightened, there will be a reduction in the number of turbines and reduction in economic benefits.”

Comparing Madden’s data to that presented by White at the committee meeting, it is clear that she was acting as an agent for BP to thwart the efforts of the committee.

This is only one example of how “BP Wind Energy has been engaged with the local community for years on the Cape Vincent Wind Farm project.”

BP’s Noise Consultant Misrepresented Background Sound: Hessler Associates, Haymarket, VA was retained by BP Wind Energy to complete summertime, background sound study within the project boundaries of BP's Cape Vincent wind power project.
Because there were concerns early on among local citizens that the developer’s noise report was misleading, the Wind Power Ethics Group (WPEG) contracted Dr. Paul Schomer, of Schomer and Associates, Inc., Champagne, IL, to conduct an independent study and review of BP/ Hessler's report.

Schomer's report uncovered a number of questionable practices. One sound level meter was less than 100 ft. from a marshaling yard for heavy construction equipment being  used for a water line project.

Hessler suggested  this site is typical for residences along Rte. 12E .
Additionally, Hessler claimed that insect noise,  elevated background sound levels and would provide a natural making noise that, would minimize wind turbine noise impacts.

Schomer, however, disagreed: The presence of insect noise does nothing to mitigate the wind turbine noise; the measurement of insect noise only masks and obfuscates the truth.”

Schomer concluded by stating, ““Hessler’s BP study for the Cape Vincent Wind Power Facility appears to have selected the noisiest sites, the noisiest time of year, and the noisiest positions at each measurement site. Collectively, these choices resulted in a substantial overestimate of the A-weighted ambient sound level, 45-50 dB according to Hessler.”
 In contrast Schomer found background sound levels were 30 dBA averaged for night-time, daytime and evening. Night-time levels in Cape Vincent averaged 25dBA

BP’s sordid history in Cape Vincent began with their signing many of our town officials and their families to wind leases and good neighbor agreements, knowing this would create blatant conflicts of interest.
 This is a violation of the town’s ethics code and NY State law.
BP’ has stated lofty intentions with their Cape Vincent Wind development however the facts speak for themselves.

BP has left a profound mark on our community, tearing apart families, friendships, and ripping the fabric of our community to shreds.

Despite planned sale of BP’s U.S. wind assets, Cape wind developer will move forward with state siting process

THURSDAY, APRIL 4, 2013
CAPE VINCENT — Despite BP’s plan to sell off all of its wind assets in the U.S., the developer does not intend to halt the state Article X siting process for the proposed Cape Vincent Wind Farm, according to a BP spokesperson.[Watertowntimes]

BREAKING NEWS!!!!!!!! BP puts U.S. wind farm arm up for sale

LONDON (Reuters) - BP has put its U.S. wind farm operation, one of the largest in the country, up for sale, marking the continued retreat of big oil companies from renewable energy investments while oil and gas projects offer them better returns.

The British oil company has already sold or earmarked for sale some $38 billion worth of assets, partly to raise funds to pay for its 2010 U.S. oil spill liabilities, but also to reposition itself as a smaller, leaner company with an emphasis on high-margin oil production and exploration. Reports said the sale could raise a further $1.5 billion.[Reuters]

STUDY AREA FOR CAPE VINCENT WIND PROJECT

PRELIMINARY SCOPING STATEMENT EXHIBIT B PRELIMINARY SCOPING STATEMENT EXHIBIT B

BRITISH PETROLEUM ~ CVWF PRELIMINARY SCOPING STATEMENT

BP CVWF Preliminary Scoping Statement by pandorasboxofrocks

BP letters to Senator Ritchie & Assemblywoman Russell BP's Proof of Publication of PSS

BP Proof of Publication of PSS by pandorasboxofrocks

BP notification letter to Senator Ritchie of PSS for CVWF by pandorasboxofrocks

BP notification letter to Assemblywoman Russell PSS for CVWF by pandorasboxofrocks

BP Announces their intent to file a Preliminary Scoping Statement

 Sunday March 24, 2013  British Petroleum has posted the following  full page announcement in Section B6 of the Watertown Times .

Cape Vincent Wind Farm – Preliminary Scoping Statement Public Notice

on March 29, 2013 Cape Vincent Wind Power, LLC (“ CVWP") will file a preliminary scoping statement(" PSS") for the proposed Cape Vincent wind farm pursuant to article 10 of the New York public service law(16 and why CRR – 1000.5 ). APS S is a written document intended to inform the New York State board on electric generation and siting(the “siting board”), other public agencies, and the public that CVWP is contemplating making an article 10 application parentheses the" application") to the siting board.

CVWP is proposing to build a 200 – 285 MW wind energy facility with up to 124 turbines to be cited in the town of Cape Vincent and the associated overhead generation interconnection line and related equipment to be cited in the towns of Cape Vincent and line and potentially the village of Chaumont (" Project").

The PSS will contain:

I.                     a brief description of the proposed Cape Vincent wind farm and its environmental setting;

II.                 potentially significant adverse environmental and health impacts related to the construction and operation of the project including impacts related to:

• Statewide electrical system
• Ecology, air, ground and surface water, wildlife, and habitat
• Public health and safety
• Cultural, historical and recreational resources
• Transportation, communication, utilities
• Noise and vibration
• Socioeconomic effects
• Visual impacts
• Electric magnetic fields
• Wetlands
• Cumulative Impact of Emissions on the Local Community
• Environmental Justice Communities 

the PSS will contain measures proposed to minimize environmental impacts in the identification of all other state and federal permits, certifications, or other authorization is needed for construction, operation or maintenance of the project. PSS will contain a list of local laws, rules, or regulations that the project will be seeking the siding board to supplant or override.

The PSS will also contain a description of the proposed studies or program of studies designed to evaluate potential environmental and health impacts that the CVWP intends to include in its application for an article 10 certificate. The description of the studies will include the extent and quality of information needed for the application to adequately address and evaluate each potentially significant adverse environmental and health impact, including existing and new information where required, and the methodologies and procedures for obtaining the new information. The PSS will also include an identification of any other material issues raised by the public and affected agencies to date and the response to the CVWP in those issues.

Within 21 days after the filing of the PSS, any person, agency or municipality may submit comments to the PSS by serving such comments on CVWP and filing a copy with the secretary to the Department of Public Service. Within 21 days after the closing of the comment period, CVWP shall prepare a summary of the material comments and its responses to those comments.

CVWP will provide $99,750 of Intervenor funds available for municipal and local parties that may be used to defray certain expenses associated with participating in the article 10 proceeding during the pre-application phase. Fifty percent (50%) of these Intervenor funds are reserved for municipalities. An application for Intervenor funds and more information on eligibility and how to apply for Intervenor funds is available at the DPS website at http://www.dps.ny.gov.

An application for a certificate of environmental compatibility and public need for the project may be filed by CVWP 90 days after the filing of the PSS. The application will be accompanied by additional funding for intervenors. The application will build upon the school agreed upon in the ecological, seismic, biological, water supply, population and load sensor data as well as an evaluation of the expected environmental and health impacts and safety implications of the project, both during its construction and operation, including any studies, identifying the author and date thereof.

Once application is filed and determined to beat complete, the siting board will set a date for a public hearing. The presiding examiner will conduct a prehearing conference to identify intervenors, award Intervenor funds, identify issues for hearing and establish a case schedule for discovery to be followed by hearings. After hearings, stakeholders may brief their positions and the presiding examiner will issue a recommended decision upon which the siding board will base its decision. Stakeholders will also have an opportunity to submit briefs on the completed within 12 months from the date that the application is determined to comply with all filing requirements.

Information about the project is available from the applicant, the DPS public information coordinator, the project website (www.CapeVincentwindfarm.com) and the siting board's webpage at http://www.dps.ny.gov/SitingBoard/

Any member of the public wishing to receive all it formal notices, including but not limited to notices regarding a pre-application stipulations, concerning the proposed facility can file a request with the secretary. A written request may be e-mailed to the secretary at secretary@dps.ny.gov  or sent by mail to the following address: Hon Jeffrey Cohen, acting secretary,NYS  Department of Public Service, Three Empire state Plaza, Albany, NY 12223 – 1350.

Electronic documents concerning the proposed Cape Vincent wind farm can be accessed on the DPS website http://www.dps.ny.gov, see the link on the left side of the webpage  under" Most Popular Page" to access the " Commission Documents" page, search for the Cape Vincent wind farm documents using the case number 12 – F – 0410. Alternatively, go directly to the siting board's webpage at 
    http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?
MatterSeq=40867           to access documents and notices.

Contact information for the Cape Vincent wind power, LLC: Mr. Richard Chandler, Director, Business Development, BP Wind Energy North America, INC., 700 Louisiana St., 33rd floor, Houston, TX 77002, Tel:( 713) 354 – 2100, Email: info@capevincent wind farm.com.

Contact information for the DPS article 10 public information coordinator: Mr. James Denn, NYS Department of public service, three Empire state Plaza, Albany, and why 12223, Tel :( 518) 474 – 7080, Email: jamesdenn@dps.ny.gov

 BP wind energy

BP PIP ~ amended to add the Village of Chaumont to the list of stakeholders as a “host municipality”.

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”).

BP_ CVWF _Amended PIP 3-22-13 by pandorasboxofrocks

BP Letter to the Village of Chaumont Re: The CVWF Transmission Route

Jefferson County Board of Legislators nominations for Ad Hoc board members.

March 11,2013

Jaclyn A. Brilling, Secretary

NYS Board on Electric Generation Siting

and the Environment

Three Empire State Plaza

Albany,:-JY 12223-1350

RE: Case 12-F-041O (Cape Vincent Wind Power Project)

Dear Secretary Brilling:

As a follow up to your 9/26/12 letter to Jefferson County regarding the need to nominate four
candidates to be considered for serving as ad hoc public members of the Siting Board, should the
applicant for this project file a preliminary scoping statement, I am pleased to now be able to forward those names for your consideration. While I do not believe a statement has yet been placed on file we wish to be proactive in this matter because that action is certainly anticipated. With this
communication, it would also be my hope that your office would forward the names being
recommended for consideration to both the President Pro Tern of the Senate and Speaker of the
Assembly for their consideration.

In addition to offering you four individuals for consideration, you will find enclosed a brief resume
on each of them that might also aid you in making a final determination as to the two nominees to
be chosen from that list of applicants being recommended by Jefferson County. Should you have
any questions regarding this important matter, please feel free to contact me
Thank you for your attention and assistance in this matter.

Sincerely,


Carolyn'-d Fitzpatrick, Chairwoman
Jefferson County Board of Legislators