Tuesday, October 23, 2012

BP GET OUT

GO HOME!

  Signs posted along route 12E.
Welcome BP's  Richard Chandler to the North Country



 Opposed to industrial wind turbine development in Cape Vincent ?  Meet at the Cape Vincent Village Green 


3:30pm today. 




It's Time to take our town Back!


  Richard F. Chandler, director of business development for British Petroleum's  proposed Cape Vincent Wind Farm, has scheduled a meeting  with local town and Planning Board representatives from
 Cape Vincent and Lyme.

While the public is not allowed to participate in the discussions at the open meeting,
  
 6 p.m. Tonight 
    at Recreation Park on James Street.
~~~
Note: People will be able to watch this meeting via the internet 
 Steve Weed productions will be providing live streaming of this meeting 




 

BP Protest photo 10/ 23/12

BP Go Home

BP Protest photo 10/23/12

Cape Vincent Protesting BP

Sunday, October 21, 2012

BP's Financial Information Misleading





 Today BP wind energy has a half page add in the Watertown  Daily Times  promoting their Cape Vincent Wind project by extolling the financial benefits of wind for our community.
They have facts and figures highlighting the tax benefits for our community unfortunately their math is not based on facts and the information that they are giving is misleading.

 In their add they state that their numbers are based on a previously approved PILOT agreement ,  assuming the wind farm generates approximately 200- 285 Megawatts .    

A PILOT  agreement is a payment in lieu of taxes (also sometimes abbreviated "PILT"), made to compensate a local government for some or all of the tax revenue that it loses because of the nature of the ownership or use of a particular piece of real property.[1]

 In their recently released Public Involvement Plan to the Public Service Commission , BP  promoted the terms of the defunct Galloo Island PILOT plan to estimate  PILOT payments for BP Alternative Energy's 200/285 megawatt project .[2]

 The Payment -in -Lieu -of Taxes plan for the Galloo Island Wind Farm was not supposed to be a model for other wind power projects.  The Galloo PILOT is a consequence of the JCIDA's failure to follow the intent of the Legislature.[3]

A PILOT has not been negotiated for the Cape Vincent project, the developer's reliance on the Galloo plan to project payments to municipalities is a troubling sign that it will be presumed as the basis for the future talks.  [3]

A PILOT  allows the developer to make reduced payments to taxing jurisdictions instead of paying property taxes. The Galloo PILOT was approved along with a sales tax exemption and sale-leaseback agreement, which eliminates mortgage recording taxes.  The PILOT for the 252-megawatt project will run 20 years and have base and supplemental payments .[4]

 On the wind farm aspect, the JCIDA had worked for months on developing a uniform policy before the Galloo Island Wind Farm's developer pressed for an individual payment-in-lieu-of-taxes agreement.
 The Galloo PILOT was different from the standard PILOT laid out in the agency's policy and those changes were approved  after months of intense pressure
[5] If the wind farm operator ceases operation and doesn't pay the agency the PILOT, the agency returns title to the developer .[5]

 The Galloo draft policy included a separate clause for renewable energy PILOTs, which allows for a fixed base payment per megawatt, increasing each year, and supplemental payments based on high electricity prices.
 .[5]  JCIDA Board member John Doldo Jr. said the Galloo Island project wasn't lucrative enough for the taxing jurisdictions. He said the PILOT payments represented less than 14 percent of full taxation. "If you give that much away, there must've been a need to give that much," he said. Mr. Doldo based his numbers on the cost of the project " about $537 million of on-island investment .[5] 
Only about one mediocre paying job is created for every 10 turbines installed that's hardly job creation. Government watchdog groups say the absence of uniform standards makes the whole PILOT program open to abuse, because each wind company gets to negotiate its own private deal with the IDA.

 In addition, wind companies that fail to meet their original IDA job creation promises rarely get penalized .[6] New Yorkers in general are beginning to become completely fed up with PILOTs, IDAs, wind farms and seeing their tax dollars squandered by politicians and bureaucrats to offshore ownership. Taxpayers are beginning to revolt against the wind developers, IDAs and local governments and the November 2009 election results underscore this attitude .[6]

Once again the taxpayer is paying higher taxes to support a corrupt industry and people say the wind is free. Think about this - 65% of a commercial wind farm is being paid for with your American tax dollars thanks to stimulus money, NYSERDA, PTC (Production Tax Credits), rapid depreciation schedules, PILOTs, etc. while the foreign owner enjoys the profits while raping your community .[6] PILOTs are supposed to make jobs for communities but with wind farms this never happens .[6] PILOTs should be completely repealed and eliminated and taxpayers should demand the full value of tax revenue from the wind project and nothing less






[4] JCIDA gives Nod to Galloo Wind PILOT





BP ~ Consorting with the enemy

 BP business as usual ~
  
 Bp is part of a consortium in the Shah Deniz gas field, this gas field was discovered in 1999. It is one of the world’s largest gas-condensate fields, with over 30 trillion cubic feet - 1 trillion cubic meters - of gas in place. It is located on the deep water shelf of the Caspian Sea, 70 km south-east of Baku, in water depths ranging from 50 to 500 m. BP operates Shah Deniz on behalf of its partners in the Shah Deniz Production Sharing Agreement (PSA). 
 According to BP’s own web site the participating interests in Shah Deniz are: BP (operator – 25.5%), Statoil (25.5%), SOCAR (10%), LUKOIL (10%), NICO (10%), Total (10%), and TPAO (9%).

One of BP’s partners in the Shah Deniz gas field ~ NAFTIRAN INTERTRADE CO. (NICO) has been under U.S. sanctions since 2008, deemed an entity "owned or controlled by the Government of Iran.

Additionally, last February it was reported by Reuters that on February 1, 2012 [Iranian oil-trading firm] Naftiran Intertrade increased its holding in British oil giant BP Plc. by 1.85 million shares. It now holds a stake worth more than $190 million (121 million pounds).

 BP’s business partner Iran is one of the foremost, self-proclaimed enemies of the West and one of the most serious threats to stability in the Middle East. But above all these concerns, the most menacing threat Iran poses to international security is its harnessing of nuclear energy for the purpose of developing a nuclear bomb.

BP alternative energy decided to pursue the development of their Cape Vincent Wind project under Article 10 of the Public Service law. This law, governs the siting of major electric generating facilities statewide. This new law takes the decision making away from communities and puts it into the hands of an appointed board.  However there is another law signed by Cuomo in 2012  that may be of interest to BP as well, Jan.13, 2012 ~ Gov. Cuomo signed a law  prohibiting companies that conduct $20 million or more in business with Iran’s energy sector from bidding on contracts in New York.



~~~
Will the Public Service Commission force our community into a  deal with a company that consorts with our enemies?

Related links & Stories






BP website ~ Shah Deniz Consortium

Special report: For Iran oil trader, Western ties run deep

 Sleeping with the Enemy: BP's Deals with Iran

 Fact Sheet: The Threat from Iran(Updated October 2012)

Iran Sanctions Department of the Treasury

 Department of Treasury resource Center


Iranian militias ‘pose threat to U.S.’


Saturday, October 20, 2012

Friday, October 19, 2012

Map of Potential Environmental Justice Areas in the Towns of Cape Vincent & Clayton


Link here to view more environmental Justice areas in Jefferson County


BP alternative energy decided to pursue the development of their Cape Vincent Wind project under Article 10 of the Public Service law. This law, governs the siting of major electric generating facilities statewide. This new law takes the decision making away from communities and puts it into the hands of an appointed board. 
The first step of this process requires the developer to file a document called a Public involvement Program or (PIP) for community outreach. September 17, 2012 BP Alternative energy submitted a PIP for their Cape Vincent Wind project to the Public service commission 



 The Public service Commission's answer to BP's PIP  made specific recommendations to BP regarding the inadequacy of their PIP .   The Public Service Commission also noted  that the project area includes a part of the Town of Cape Vincent that was recently identified by the N.Y.S DEC as a potential  Environmental Justice (E.J) area.

 Environmental justice  areas require enhanced Public Participation Plans.
Link here to DEC website, information regarding the E J Public Participation Plan

  Not long ago, there was a story on the COAX website about environmental justice groups and their concern for the new article 10 power plant siting law.
~~~~
Representatives of a local E.J (environmental justice) groups in NYC addressed the DEC
( Department of Environmental Conservation ) concerning the agency’s new, proposed regulations for power plant siting. These groups represented Southern Brooklyn, Northern Brooklyn, the South Bronx, West Harlem and less directly, all “E.J communities” and anyone now or potentially exposed to power plant pollution.

 Link here to read the N.Y.S ,DEC recently adopted  Environmental Justice Regulations

The purpose of Article 10 is to both limit C02 emissions from power plants and to create further protections for low income, minority and environmentally burdened communities from new or expanding power plants that generate at least 25 MWs in or near residential areas. Article 10 requires applicants of power plant permits to conduct an E.J analysis, which will include demographic variables as well as existing environmental variables.
~~~
In New York State Environmental discrimination is not only based on ones ethnicity it is based on socioeconomic status as well. Over the last few years poorer communities in New York State have been systematically targeted for wind development. The people in these communities have less resources and time to learn about wind facilities and the environmental risks and hazards . Consequently, these communities have been targeted by big wind.
~~~~~~~~~~~
The DEC Environmental Justice Policy  CP-29 amends the DEC environmental permit review process by identifying Potential Environmental Justice Areas and establishing requirements for proposed projects affecting those communities.


"Environmental Justice:

A condition of environmental justice exists when environmental risks and hazards and investments and benefits are equally distributed without direct or indirect discrimination at all jurisdictional levels and when access to environmental investments, benefits, and natural resources are equally distributed; and when access to information, participation in decision making, and access to justice in environment-related matters are enjoyed by all."

"Environmental Injustice:

An environmental injustice exists when members of disadvantaged, ethnic, minority or other groups suffer disproportionately at the local, regional (sub-national), or national levels from environmental risks or hazards, and/or suffer disproportionately from violations of fundamental human rights as a result of environmental factors, and/or denied access to environmental investments, benefits, and/or natural resources, and/or are denied access to information; and/or participation in decision making; and/or access to justice in environment-related matters."



Wednesday, October 17, 2012

BP's Chandler thinks protecting our Health and Welfare is is "Unreasonably Burdensome"

 June 27, 2012 The Town of Cape Vincent received a letter from BP’s Director of Development Richard Chandler, concerning Cape Vincent's New Draft Zoning revisions.

In his letter Chandler said, the proposed Zoning Law is unreasonably burdensome and will effectively prohibit wind generation from being sited within the Town. The town has already
evaluated potential impacts from the Cape Vincent and St. Lawrence Wind Farm projects and
made favorable findings. The requirements of the Proposed Zoning Law, however, are
inconsistent with these findings. The requirements, setback provisions, exclusion areas, and noise
standards contained within the Proposed Zoning Law are highly restrictive and should be
substantiated by realistic and credible studies, consistent with other operational wind projects, and
in line with industry standards.


June 27, 2012

Via Electronic Delivery


Town of Cape Vincent
P. O. Box 680
Cape Vincent, N Y 13618
Re: Proposed Amendment – 2012 of Town Of Cape Vincent Zoning Law

On June 5, 2012 the town of Cape Vincent (“ Town") issued Proposed Amendment – 2012 to the
Town of Cape Vincent Zoning Law (" Proposed Zoning Law"). The Proposed Zoning Law would
effectively prohibit wind generation from being sited within the Town. The town is already
evaluated potential impacts from the Cape Vincent and St. Lawrence Wind Farm projects and
made favorable findings. The requirements of the Proposed Zoning Law, however, are
inconsistent with these findings. The requirements, setback provisions, exclusion areas, and noise
standards contained within the Proposed Zoning Law are highly restrictive and should be
substantiated by realistic and credible studies, consistent with other operational wind projects, and
in line with industry standards.

As you know, the developers of the Cape Vincent Wind Farm and St. Lawrence Wind Farm
Projects (combined" the project") have been engaged with the Town and members of its
community for many years. By working closely with the community, BP has been able to make
several changes to and positively shape the Project into one that will provide significant benefits
to the Town and the community and do so in an environmentally responsible manner. Wind
development in the Town will create jobs, increase the demand for local goods and services, and
increase tax revenues to the Town, County, and school district. Land owners will be able to
secure an additional revenue stream while continuing to use their property for agricultural and
recreational uses, a positive benefit during challenging economic times. The Project also will
provide renewable power that is good for the environment.

For parties interested in submitting applications to site wind energy projects in the Town of Cape
Vincent, the provisions contained within the Proposed Zoning Law are unreasonably burdensome
that's in view of existing wind generation technology and/or in view of the needs of/costs to
ratepayers. We respectfully request the town to reconsider the Proposed Zoning Law, taking into
account the above mentioned comments.

Copy of original letter


Public Service Commission review of BP's PIP


 October 17, 2012

 Mr. John S. Harris, Esq.
Harris Beach PLLC
677 Broadway, Suite 1101
Albany, NY 12207
Re: Case 12-F-041O -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, New York.
Dear Mr. Harris:
This letter is to inform you that the Staff of the New York State Department of Public Service (DPS.) has reviewed the proposed Public Involvement Program plan for the Cape Vincent Wind Farm received from Cape Vincent Wind Power, LLC (Applicant) on September 17,2012, and finds it to be inadequate. The plan does not adequately address many measures appropriate to a robust Public Involvement Program and relies primarily on outreach efforts relative to two separate previously proposed wind projects, the Cape Vincent Wind Farm and the St. Lawrence Wind Farm. Those projects were proposed by two different applicants under the formerly applicable local laws of the Town of Cape Vincent, and reviewed to some degree of completion under the State Environmental Quality Review Act ("SEQRA"), rather than the currently proposed project to be reviewed in the substantially different Public Service Law Article 1 0 process. The proposal concentrates to a large extent on those past outreach efforts, in the past 2 to 7 years, rather than demonstrating how the applicant will elicit input from stakeholders for development of the revised, consolidated project.
2
In an effort to guide and assist you in preparing an adequate Public Involvement Program plan, DPS. has prepared some specific recommendations, including recommendations that we believe address the relevant requirements in the new regulations. In addition, a list of federal, state and local agencies is provided for outreach consideration when developing the Public Involvement Program plan. DPS. believes that the application process will be best streamlined if the Applicant develops a Public Involvement Program plan that includes outreach to affected agencies and other stakeholders early in the process to effectively obtain preliminary input that will guide development of the scope of studies for the application. Finally, an example of a public involvement program plan for outreach to a local municipality is attached
In addition to the recommendations listed in Attachment I, Staff provides the following recommendations specific to the filed Public Involvement Program ("PIP") plan:
1.      The proposed outreach meetings to the Town of Cape Vincent and Town of Lyme should include opportunities to solicit input regarding those municipalities' interests rather than be limited to the narrow issues identified in the PIP.
2.      Many of the studies cited as component parts of the project information program were general in nature (e.g., U.S. DOE Property Valuation study) or are somewhat dated (e.g., EIS documents for prior Cape Vincent and St. Lawrence wind projects from 2006-08) the applicant should show how it intends to elicit input to develop scope and analysis of sitespecific and current information that is responsive to current stakeholder interests and concerns.
3.      The project area includes a part of the Town of Cape Vincent that was recently identified by NYS DEC as a potential Environmental Justice area, based on US Census Bureau from year 2000. 2010 Census data should be reviewed as data becomes available. The PIP should address plans for focused outreach activities to reach any communities of concern that are identified in further analysis of population information, as appropriate.
4.      The PIP should identify a proposed Study Area, and identify any additional stakeholders or stakeholder groups that are within that broader area. Representatives and residents of adjacent municipalities (Le., Town of Clayton; Wolfe Island, Ontario) should be considered as potential stakeholders based on regional scale impacts of the proposed large-scale wind energy project, and potential cumulative impacts with existing or proposed wind energy facilities in those jurisdictions.
5.      The list of stakeholders should acknowledge the Department of State, including the Coastal Resources Management staff, since the project involves designated Coastal Zone resources including the Chaumont River area proposed to be crossed by the route of the 115 kV transmission line to the Chaumont substation in the Town of Lyme.

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1.                  A tentative schedule indicating approximate dates for public meetings, and filing schedule for Preliminary Scoping Statement and Article 10 Application should be published at proposed project website, newsletters, and workshops or Open House and other public meetings, as noted in Attachment 1.
Pursuant to 16 NYCRR 1000.4 (e), Cape Vincent Wind Power, LLC shall within 30 days consider the measures recommended by DPS and, in a final written Public Involvement Program plan filed with the Secretary, shall as to each specific measure either revise the Public Involvement Program plan to incorporate the DPS recommendation, or provide a written explanation as to why it decided not to incorporate the recommendations.
In addition, we would appreciate it ifyou could provide DPS with some basic project information including (a) a map showing the project area including the turbine array limits, and the location of electric lines, substations, switchyard and interconnection points; and (b) a description of the changes resulting in the consolidated project including the number and size of turbines, their location, and the project boundary.
If you have any questions or need further information, please contact me at (518) 473-9463 or by e-mail at debra.labelle@dps.ny.gov.

Sincerely

Debra LaBelle ,
Chief, Consumer Outreach & Education


Steven D. Wilson, Esq. Michael Rigo, Esq. Richard Chandler
Encl.




SPECIFIC RECOMMENDATIONS OF DPS AS TO WHAT ACTIONS ARE NECESSARY TO MAKE THE PLAN ADEOUATE
Article 10 of the Public Service Law, enacted in Chapter 388 of the Laws of 2011, empowers the State of New York Board on Electric Generation Siting and the Environment (Siting Board) to issue Certificates of Environmental Compatibility and Public Need (Certificate) authorizing the construction of major electric generating facilities. On July 17,2012, the Siting Board adopted new regulations to implement Article 10 of the Public Service Law. To ensure that the Siting Board is aware of the concerns of stakeholders throughout the process, the Article 10 regulations require applicants to actively seek public participation throughout the planning, pre-application, certification, compliance, and implementation process.
As part of the Article 10 process, applicants must conduct a Public Involvement Program that
includes:
(1) consultation with the affected agencies and other stakeholders;
(2) pre-application activities to encourage stakeholders to participate at the earliest opportunity;
(3) activities designed to educate the public as to the specific proposal and the Article 10 review process, including the availability of funding for municipal and local parties;
(4) the establishment of a website to disseminate information to the public;
(5) notifications; and
(6) activities designed to encourage participation by stakeholders in the certification and compliance process.

A fundamental first step in designing a Public Involvement Program is the identification of affected agencies and other stakeholders specific to the proposed project. Attachment 2 to this letter is a generic list of typically affected agencies that may be useful when developing a Public Involvement Program plan. The list does not identify other stakeholders. Applicants should identify the actual affected agencies and other stakeholders specific to the proposed project.
The Article 10 applicant will have distinct reasons to conduct outreach for each of the affected . agencies/stakeholders, with varying goals. This will necessitate different outreach messages
and/or methodologies for different stakeholders. Attachment 3 to this letter is a generic sample
plan for an applicant's outreach to a host municipality that may be useful when developing a
Public Involvement Program plan. Applicants should create similar plans for consultations of
the actual affected agencies and other stakeholders specific to the proposed project.
Broader outreach activities should also be included in the Public Involvement Program plan for outreach to the general public and to encourage participation in the certification and compliance process. -  


IDENTIFICATION OF SPECIFIC STAKEHOLDERS
No. Recommendation:
1. The Public Involvement Program plan (Plan) should identify:
(a) the proposed project location;
(b) the location of interconnections, including the identification of municipalities affected;
(c) the location of reasonable alternative sites, where applicable; and
(d) a preliminary Study Area.

2. The Plan should provide the methodology for identifying:
(a) the actual affected agencies;
(b) the actual other stakeholders that may be affected by the construction of the facility including:
(i) host landowners; and .
(ii) adjacent landowners; and
(iii) other affected individuals, groups and organizations; and
(c) whether environmental justice communities will be affected by the proposal.

3. The Plan should provide a preliminary specific (non-generic) identification of:
(a) the actual affected agencies;
(b) the actual other stakeholders that may be affected by the construction of the facility including:
(i) host landowners; and
(ii) adjacent landowners; and
(iii) other affected individuals, groups and organizations; and
(c) environmental justice communities that will be affected by the proposal.

LANGUAGE ACCESS
No. Recommendation:
4. 1 The Plan should identify language(s) other than English spoken:
(a) according to United States Census data by 5,000 or more persons residing in any 5 digit zip code postal zone in which any portion of such zone is located within the preliminary Study Area for the proposed facility, giving the source of data used; and
(b) by a significant population of persons residing in close proximity to the proposed facility, alternative locations and interconnections not captured above.

5. If languages other than English are identified above, the Plan should identify:
I The applicant's September 17, 2012 complies with this recommendation. The fmal plan should include this information and the Applicant Response Tracking Table should note both the recommendation and compliance.


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(a) how documents will be translated into languages other than English; and
(b) what provision will be made for communicating with those members ofthe public at public meetings.

IDENTIFICATION OF GOALS & METHODS FOR SPECIFIC CONSULTATIONS
No. Recommendation:
6. For each affected agency and other stakeholder, the Plan should identify the desired goal ofeach consultation, and a plan to achieve such goal, including:
(a) the identification of particular aspects of the environmental setting that may be affected;
(b) the disclosure of potentially significant adverse environmental and health impacts resulting from the construction and operation of the proposed facility;
(c) a request for feedback from each affected agency and other stakeholder asking them to identify additional material effects and impacts; and
(d) other agency and stakeholder-specific goals identified by the Applicant.

7. For each specific consultation identified above, the Plan should:
(a) identity the methods of outreach to be used;
(b) contain an outreach schedule with approximate dates, times and locations;
(c) identity who will be doing the outreach along with their contact information; and
(d) provide a methodology to measure the success of the outreach.

8. If an environmental justice community will be affected by the proposal, the Plan should provide specific measures to address environmental justice outreach issues.
TRACKING OF PUBLIC INVOLVEMENT PROGRAM ACTIVITIES
No. Recommendation:
9. The Plan should include a provision that the Applicant will prepare a monthly spreadsheet-style tracking report identitying public involvement program activities conducted by the Applicant, summaries of feedback received in such activities, and summaries describing any actions taken by the Applicant in response to such feedback. The report should be fashioned in a manner that it is easy to track the Applicant's progress towards achieving its public involvement goals. The reports should be posted on the Applicant's website and filed with the Secretary for posting in the case file.
-

WEBSITE
No. Recommendation:
10. The Plan should include:
(a) a description of:
(i) an established project website including website address; or
(ii) a schedule for developing a website to disseminate information to the public;
(b) a schedule or outline indicating regular updates to the website;
(c) a statement of the lead time that will be provided for the posting ofnotices of future outreach events; and
(d) an identification of the content that will be provided on the website.

11.2 The Plan should provide that the website will:
(a) be written in plain language;
(b) be easily navigated;
(c) contain contact information for the Applicant (e-mail, telephone number and mailing address);
(d) provide links to:
(i) the DPS Article 10 Public Information Coordinator;
(ii) the Siting Board home page; and
(iii) case-specific documents;
(e) include information on the Article 10 process;
(f) explain the Intervenor Funding process (including stating the specific dollar amounts of funding that will be available for each phase of the project);
(g) contain project-specific information;
(h) contain a map ofthe proposed facility and alternate facility locations and interconnections; and
(i) provide a schedule that lists:
(i) dates/times/locations for in-person outreach events; and
(ii) key milestone dates, such as date when the application will be filed.

2 The applicant's September 17,2012 filing contains plans for a website that complies with these recommendations. The fmal plan should include this information and the Applicant Response Tracking Table should note both the recommendation and compliance.
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PUBLIC CONSULTATIONS AND OUTREACH
No. Recommendation:
12. The Plan should:
(a) identify general outreach activities specifically scheduled to take place prior to submittal of the application, including mailings, open houses, meetings, seminars/webinars, etc., to inform, engage, and solicit input from the local community, general public, and other stakeholders;
(b) identify how information relative to events open to the public will be disseminated;
(c) include material to educate the public as to the specific proposal, including project technology, location of facilities, proposed study area, outline of the scope of studies to be provided in the application, etc.;
(d) include educational material relative to the Article 10 review process and why the Applicant is conducting a Public Involvement Program;
(e) include material to educate the public on how it may become involved in each step of the Article 10 review process;
(t) provide an explanation as to how outreach activities will solicit input regarding public interests that don't fall into the categories outlined in the PIP; and
(g) include educational material on Intervenor Funding (including stating the specific dollar amounts of funding that will be available for each phase of the project).

13. Since previous outreach has been done relative to two separate proposals that have been consolidated into this proposal, the Plan should include material to educate the public on what has changed, for both approval process changes and project changes, including:
(a) an explanation of why the Applicant has decided to submit an Article 10 application instead of seeking local siting approvals;
(b) a description of the differences between the Article 10 process and the local siting process;
(c) a description of how the applicant will address Public Comments received regarding the previous proposals and the outreach relative to those proposals;
(d) if the number of turbines will be different than previously identified:
(i) an explanation why the Applicant has decided to change the number of turbines; and
(ii) a description of the changes in impacts that can be expected by changing the number of turbines;
(e) if the height of turbines will be greater than previously identified:
(i) an explanation why the Applicant has decided to increase the height of turbines; and
(ii) a description of the changes in impacts that can be expected by increasing the height of turbines; and
(t) if the setbacks of the turbines will be less than previously promised:
(i) an explanation why the Applicant has decided to decrease the setbacks of turbines; and
(ii) a description of the changes in impacts that can be expected by decreasing the setbacks of turbines.

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NOTIFICATIONS
. No
Recommendation:
14.
The Plan should provide information regarding notifications to identify: (a) when notices will be issued (provide a schedule) and what information they will contain; (b) who will receive notifications; (c) the manner in which notifications will be made (for example, whether notifications will be in the same manner as the town would notice a regular town meeting); (d) draft form letters and/or notices; (e) specific publications and media outlets that will be used to provide general public information and notifications and why they were selected, which should include the official newspapers ofthe affected municipalities; . (t) which languages will be used for notices and why they were selected; and (g) whether E-maillistserves will also be used to send notices.
ACTIVITIES TO ENCOURAGE PARTICIPATION

No.
Recommendation:
15.
The Plan should identify: (a) activities designed to encourage participation by stakeholders in the certification; (b) activities designed to encourage participation by stakeholders in the compliance process; (c) the goals ofthese activities; (d) methodologies for measuring the success ofsuch activities; (e) a schedule ofsuch activities indicating when and where they will be conducted; and (t) how information relative to events open to the public will be disseminated

REQUIRED AGENCYIMUNICIPAL PRE-APPLICATION CONSULTATIONS
No. Recommendation:
16. The Article 10 Regulations require a number of specific consultations with affected agencies and municipalities. The Plan should include a schedule of the required consultations with approximate dates, times and locations and identifying who will be doing the outreach along with their contact information. If a consultation is not applicable to the proposed facility, the schedule should so indicate.
17. The schedule of required consultations should include, if applicable:
(a) consultation with DPS, NYISO and the local transmission owners to identify applicable requirements to be used to demonstrate the degree of compliance with all relevant applicable reliability criteria of the Northeast Power Coordinating Council Inc., New York State Reliability Council, and the local interconnecting transmission utility, including any criteria regarding black start and fuel switching capabilities [16 NYCRR 1001.5(n)];
(b) consultation with DPS and DEC to develop an acceptable input data set, including modeling for the Applicant's proposed facility and inputs for the emissions analysis, to be used in the simulation analyses [16 NYCRR 1001.8];
(c) consultation with DOH and DEC to determine a set of non-criteria (i.e. toxic) pollutants to be emitted from the proposed facility [16 NYCRR 1001.17(c)(9)];
(d) consultation with DOH and DEC to' determine appropriate pollutants for an estimation of the maximum potential air concentrations (short and long term) [16 NYCRR 100 1.17( d)(1)];
(e) consultation with DOH and DEC to determine appropriate pollutants for a comparison of the maximum predicted air concentrations to ambient air quality standards and guidelines and ambient background concentrations for non-criteria pollutants for both short-term and long-term exposures [16 NYCRR 100 1.17(d)(2)];
(f) consultation with DOH and DEC to determine if cumulative source impact analyses for any appropriate pollutant in accordance with air permitting requirements and 6 NYCRR Part 487 are warranted [16 NYCRR 1001.17(d)(3)];
(g) consultation with OPRHP to determine if a Phase IB cultural resources study is required [16 NYCRR 1001.20(a)(3)];
(h) consultation with OPRHP to determine if a Phase II study based on intensive archaeological field investigations shall be conducted to assess the boundaries, integrity and significance of cultural resources identified in Phase I studies [16 NYCRR 1001.20(a)(4)];
(i) consultation with OPRHP and DPS to determine the need for and scope of work for any required Phase II cultural resources study [16 NYCRR 1001.20(a)(4)];

G) consultation with local historic preservation groups to identify sites or structures listed or eligible for listing on the State or National Register of Historic Places within the viewshed of the facility and within the study area [16 NYCRR 1001.20(b)];
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(k) consultation with DEC, DPS, OPRHP, and APA where appropriate to establish representative viewpoints for the photographic simulations of the facility and interconnections [16 NYCRR 1001.24(b)(4)];
(1) consultation with the affected school districts to inform the Applicant's estimate of incremental school district operating and infrastructure costs due to the construction and operation of the facility [16 NYCRR 1001.27(t)];
(m)consultation with the affected municipalities, public authorities, and utilities to inform the Applicant's estimate of incremental municipal, public authority, or utility operating and infrastructure costs that will be incurred for police, fire, emergency, water, sewer, solid waste disposal, highway maintenance and other municipal, public authority, or utility services during the construction and operation phases of the facility [16 NYCRR 1001.27(g)];
(n) consultation with the affected local emergency response organizations to inform the Applicant's 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 in that regard identifying any specific equipment or training deficiencies in local emergency response capacity [16 NYCRR 1001.27(k)];
(0) consultation with the municipalities or other local agencies whose requirements are the subject of the local laws exhibit to determine whether the Applicant has correctly identified all such requirements and to determine whether any potential request by the Applicant that the Board elect to not apply any such local requirement could be obviated by design changes to the proposed facility, or otherwise [16 NYCRR 1001.31]; and
(P) consultation with the state agencies and authorities whose requirements are the subject of the State Laws and Regulations exhibit to determine whether the Applicant has correctly identified all such requirements [16 NYCRR 1001.32].








REQUIRED AIRPORT HELIPORT PRE-APPLICATION CONSULTATIONS
No. Recommendations

  
18.
The Article 10 Regulations require a number of specific consultations related to air transportation impacts. According to the Federal Aviation Administration database, there are a number of public airports and heliports near the location of the proposed facility. The Public Involvement Plan should include a schedule of the required consultations with approximate dates, times and locations and identifying who will be doing the outreach along with their contact information. If a consultation is not applicable to the proposed facility, the schedule should so indicate.
19.
The Plan should also: (a) identify the necessity of consultations with the operators of airports or heliports [16 NYCRR 1000.4(f) & 1001.25(e)&(f)]; (b) provide the methodology used to identify the operators; (c) . include outreach to inform such operators of the proposed facility and its location prior to the submission of the preliminary scoping statement [16 NYCRR 1000.4(f)]; (d) include an informal Department of Defense review of the proposed construction or alteration, in accordance with 32 Code of Federal Regulations, Section 211.7; or a formal Department of Defense review of the proposed construction or alteration in accordance with 32 Code of Federal Regulations, Section 211.6 [16NYCRR I 001.25(f)(1 )]; and (e) include consultations with operators of airports and heliports that are non-military facilities, including providing a detailed map and description of such construction or alteration to such operators, and a request for review of and comment on such construction or alteration by such operators [16 NYCRR 1001.25(f)(2)].
APPLICANT RESPONSE TRACKING TABLE


No.Recommendation:
20.
The Plan should include a table listing by rows each separate DPS staff recommendation set forth in this attachment in one column, and in a second column a statement for each row that either: (a) the Applicant has revised the Public Involvement Program plan to incorporate the DPS recommendation (giving the section or page number of the Plan where the revision appears); or (b) providing a written explanation as to why the Applicant decided not to incorporate the recommendations.




ATTACHMENT 2
GENERIC LIST OF AGENCY STAKEHOLDERS FOR PUBLIC INVOLVEMENT PLANS AND OUTREACH
MUNICIPALITIES WITHIN PROJECT STUDY AREA
County, Town, City, Village officials -chief executive officer(s), planning offices, etc.
PUBLIC AIRPORT and HELIPORTS -owners/operators within required distances
NEW YORK STATE AGENCIES
NYS Dept. of Agriculture and Markets -agricultural lands, agricultural districts, impact avoidance and mitigation measures
NYS Dept of Environmental Conservation -environmental justice rules, air emissions, natural resources, ecologic resources, bird and bat studies, storm water planning, open space conservation planning, etc.
NYS Dept of State coastal resources, coastal zones and inland waterways, local waterfront revitalization plans, south shore estuary reserve office
 NYS Office of Parks. Recreation and Historic Preservation State Historic Preservation Officer, state historic sites, state parks, recreation resources, open space conservation planning, etc.
 NYS Division of Homeland Security and Emergency Services-emergency preparedness plans, critical infrastructure impacts, etc.
NYS Dept. of Public Service -Public Information Officer, Office of Gas, Electric & Water, Office of Energy Efficiency & Environment, Office of Consumer Policy, as appropriate
NYS Department of Transportation –NYS highway work and occupancy permit requirements, oversize deliveries
 NYS Dept. of Health -public health issues
Empire State Development Corporation -economic development, Empire Zones
 State Legislature --members of the State Senate and State Assembly representing locations within project study area (depending on timing of the filing of the preliminary Scoping Statement, the identification may need to consider both the current districts and the newly revised districts that take effect in January, 2013).
REGIONAL or LOCATIONAL AGENCIES
Adirondack Park Agency for projects within or adjoining Adirondack Park "blue line"
Central Pine Barrens Joint Planning and Policy Commission for projects in Pine Barrens Preserve areas
Heritage Areas: e.g., Mohawk Valley Heritage Corridor Commission
 Hudson River Valley Greenway for projects in Greenway community locations
NYS Office of General Services -for NYS-owned underwater lands
South Shore Reserve Office -for the Long Island South Shore Estuary Reserve area
Thruway Commission/Canal Corporation for projects within transportation corridors
Tug Hill Commission for projects within or adjoining Tug Hill Communities

FEDERAL AGENCIES
Dept. of Defense Clearinghouse for Energy Development hazards to military aviation,
RADAR ILORAN and communications
Federal Aviation Administration hazards to aviation, airport
US Army Corps of Engineers wetlands and navigable waterways
US Fish & Wildlife Service federally listed endangered species, migratory birds
NOAA -National Marine Fisheries Service -fisheries resources, federally listed endangered



ATTACHMENT 3
EXAMPLE PUBLIC INVOLVEMENT PROGRAM PLAN COMPONENT FOR OUTREACH TO HOST TOWN
In developing a Public Involvement Program plan component for outreach to the host
municipality (Town), an applicant should consider its objectives for the outreach to the Town and what type of information it should convey and gather in advancing the application process. An applicant should also be mindful of the objectives an 4 information a Town would want to gain from outreach from an applicant about the project and anticipate them to the best of its ability.
Initial Outreach to Host Town
a. Describe the goals of consultation:
                      Meet town representatives;
                      Disseminate Information;
                      Request Information that will help advance the PIP process and preparation of the Application; and,
                      Schedule follow up meeting(s) and consultation (s).
                      b. Describe the measure of success for the consultation:

• Consultation would be deemed successful if the information described below in "Disseminate Information" was provided to Town representatives, information was gathered to help advance the PIP process and preparation of the application, and follow up meetings or consultations were either scheduled or will be scheduled (provide more detail).
Disseminate Information
• Project o Describe the project and location.
• Describe Article 10 of the Public Service Law.
                      o Explain the phases of the Article 10 process.
                      o Explain why the project is going through the Article 10 process.
                      o Explain the Public Involvement Plan and why the applicant is conducting the outreach.
                      o Explain how the Town can participate in each step of the Article 10 process.
                      o Describe 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.
                      Describe additional consultations and outreach the applicant is conducting, including plans for outreach with Town residents.
                      Advise of outreach or activities to encourage participation of the Town and its residents and provide a schedule of any planned activities. Describe the goal of the outreach.
                      Provide information to the Town regarding where residents can get additional information on the project and Article 10 and provide the website information.
                      If any language other than English is spoken, advise the Town of where information about the project, Article 10 process, and outreach opportunities is available in the other language(s) and describe any specialized outreach opportunities for this group.

                      Environmental Justice advise of any communities identified and specific outreach targeting those Environmental Justice communities.
                      Next Steps -describe the next steps in the process, when the Preliminary Scoping will commence and how the Town can Participate.
Request Information
                      Elicit specific local interests for consideration in project development, location and design, as well as suggestions for approach to local public involvement activities.
                      • Request contact information for discussion of:
                      o Payment in lieu of taxes agreement
                      o Highway work agreements
                      o Local Laws
                      • Follow up activity: consult with representative of the municipality and other local agencies whose requirements are the subject of the local laws exhibit to determine whether the applicant has correctly identified all such requirements and to determine whether the applicant has correctly identified all such requirements and to determine whether any potential request by the applicant that the Board elect to not apply any such local requirements could be obviated by design changes to the proposed facility, or otherwise.
                      o Emergency Response Organizations
                      • Follow up activity: consult with affected local emergency response organizations to inform the applicant's 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 identify any specific equipment or training deficiencies in local emergency response capacity.
                      o Environmental Impact Review
                      • Follow up activity:
                      Disclose potentially significant adverse environmental and health impact resulting from the construction and operation of the proposed facility including an identification of particular aspects of the environmental setting that may affect the Town.
                      Request the Town to advise of any additional material environmental impacts or effects ofthe project on the Town based on the description provided.
                      o Chief Executive or Chief Financial Officer
                      • Follow up activity: Inform the Town of the applicant's estimated incremental municipal operating and infrastructure costs incurred for police, fire, emergency, water, sewer, solid waste disposal, highway maintenance and other municipal services during the construction and operation phases of the facility.
                      Request contact information for interest groups or community leaders.
                      Inquire which news sources are used by the Town for official notices and whether any specific rules apply for notice for town meetings.

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