May 24, 2012Honorable Jaclyn A. Brilling, SecretaryNew York State Board on Electric Generation Siting and the EnvironmentEmpire State PlazaAlbany, NY 12212-1350Dear Secretary Brilling,
RE: In the Matter of the Rules and Regulations of the Board on Electric Generation Sitingand the Environment
: WIND POWER ETHICS GROUP LLC was formed in 2006 due to the fact thattwo industrial wind turbine developers proposed over 250 wind turbines in our small town of Cape Vincent which is five miles along Lake Ontario and fifteen miles along the St LawrenceRiver. At the time our Town and Planning Boards consisted of officials with wind turbine leases.They appeared to make decisions based on their self interest, rather than what might be best forthe entire community. Our organization financially invested in studies, educational presentationsand awareness for the concerned public regarding all aspects of wind turbine development. Todo this we investigated and researched the information that was provided by the wind turbinecompanies. As a result of these efforts an increased number of citizens have voted into officenon-conflicted board members who are making decisions for the best interest of the wholecommunity. We believe in
and feel that our town and planning boards should not beleft out of the future planning for any energy development in Cape Vincent.
COMMENTS REGARDING THE DRAFT REGULATIONS:
First, we ask that the applying local substantial laws continue to be the default position. Thewind developers are asking that locally laws be preempted entirely. We remind you that theactual language passed by the legislature and governor was clear that the local laws would beapplied unless "unduly burdensome". The applicants should bear the burden of proving locallaws are burdensome. New York State is historically a
state and each municipality hascarefully developed its own laws for its unique area.
1000.15 Acceptance of a Certificate
(a) Upon issuance of a final decision by a Board granting a Certificate, an applicant shall,within 30 days after the issuance of such decision, file either a written unqualified acceptance of the Certificate or a petition for rehearing, but not both.
We ask that this paragraph be amendedto include the municipality has the right to ask for a rehearing also. We find it an unfairadvantage that an applicant has more rights than the local municipality.