Many people are all whipped up that the NYPSC, NYDEC and other agencies and groups who have commented on BP's PSS are taking BP to task. I think it is way too early to start that party.
Ahhh, how short our memories can be.
Do we have any other precedent to compare all this "hard nosed" review of BP's PSS document against?
Actually we do, but I doubt many remember. It has all happened before. So what happened back then?
Well...here is a letter from 2007 regarding the handling of Acciona's SEQR DEIS environmental study by our former wind conflicted planning board. They hammer the planning board and St. Lawrence Wind in this letter. (note my old highlighting) And it's funny that their comments cover many of the same things they are hammering BP for. I am posting only the first page here since it gets at the meat of the issue and since the rest is simply on and on about what is deficient about the SDEIS
Note that in so many words they tell the planning board and SLW this DEIS is a joke, get serious, get some real experts and start over. Oh...we were excited back then. Man, this was it, we had it in the bag, this was our big ticket to defeat wind...really?...well not exactly!
So the big question is...what happened? Did the planning board start over? NO!. Did they do a careful and cautious study and not rush?...NO. So what happened? Well basically NOTHING! The PSC weighed in and the DEC weighed in etc just like now. But the bottom line is the planning board and SLW may have made some adjustments and eventually the conflicted planning board, by this time with former town supervisor Tom Rienbeck on board, ,simply accepted the final FEIS. And I don't remember either the PSC or the DEC doing anything about it that mattered.
It was so bad that WPEG and Clif Schneider, John Byrne and Mike Bell sued the planning board over the FEIS, and even that was thrown out of court. And the "great and detailed arguments" to challenge this FEIS were never heard because the "expert" lawyer who I was assured many times WAS such an expert. caused a law school 101 oversight and the case was dismissed and the planning board and St. Lawrence Wind won.
So as for me...I've seen it before, and I just can't get all that excited.
And also keep in mind that this is the same DEC and PSC that had NO problem with Edsall and his conflicted planning board running the environmental studies. Edsall who was and still is a BP lease holder.
As you can see I at least notified the NYDEC that the people controlling the SEQR process were badly conflicted and shouldn't be in control when a dispute arose whether Lyme or Cape Vincent should be the lead agency on the SLW and BP sSEQR studies. Here is their answer!
They basically said not our problem man! It doesn't matter if the environmental study is a pile or worthless toilet paper, we have no accountability to actually see if the study is worth anything. We just put up the hoops and see that the applicant at least plays along and shoves something through the hoops! Oh we may comment on it, but otherwise take it to court... it's their problem. Or.. gee we have no authority to see that the studies that are handed us are complete and bogus BS because of the rampant conflicts of interest that created it.
However, when it was taken to court it was thrown out. Is this the DEC you are all fired up over their BP PSS comments??????
So much for commentary from the NYDEC and the NYPSC.
Off course you will say...but oh...the process is "fair and impartial" and different now. Well you would be partly right. Back then we still had home rule to determine our land use issues, and those have been stripped away. And now the Art X laws even regulate what the courts can look at in any litigation. And the litigation goes right to the court of appeals so the developer is not inconvenienced by any regulatory delay!!! Yeah the system is different for sure!
Bottom line is the NYPSC and the DEC have to jump through these hoops no matter what happens. It's political and they have to put on a good face that they are "fair and impartial" and doing their job. After all they are operating under brand new Cuomo legislation, and we are one of the first towns out of the box...so ya goota make sure there is some good" regulatory theater" everyone can get all excited about!!!
And people wonder why I won't write reams of letters to the PSC and play along in the Art X process!
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