Town Zoning Lawyers Letter to the NYPSC

Below is part of a letter from the Town's zoning attorney to the NYPSC.  The compaint basically is the Town thinks Voters For Wind will get intervenor funding they don't deserve, or funding that would not be  legitimate.  In the context of participating in the Art. X process I can understand this complaint.

However, what I don't understand is why this complaint exists at all from the Town.  They have already clearly stated that the Art. X rules, which would include intervenor funding rules are fair and impartial.  So what is the problem?  So if the NYPSC decides that Voters For Wind get funding, then the Town should not be complaining, that ruling will be fair and impartial as the town already agrees.   I am sure the NYPSC will be fair and impartial on this matter and there should be no need for a complaint.



SHULMAN CURTIN & GRUNDNER,P.C.


C. Daniel Shulman
Paul ]. Curtin, Jr.
Charles H. Grundner
Stephen G. Eroll
Christian J. Danaher

Attorneys at Law
250 South Clinton Street, Suite 502
Syracuse, New York 13202-1262
(315) 424-8944 FAX: (315) 424-8205www.shulmanlawpc.com

May 1,2013

Honorable Jeffrey C. Cohen

Acting Secretary, NYS Board of Electric Power
Generation Siting and Environment
Three Empire State Plaza
Albany, New York 12223-1350

Re: Case 12-F-0410 Cape Vincent Wind Power, LLC

Dear Acting-Secretary Cohen:

Two recent issues came to the attention the Town and we would appreciate an opinion
and some guidance.

Our first issue concerns intervenor funding. The Town is concerned that special interest
groups, such as Voters for Wind, may request funding for expert opinions, perhaps for the
purpose of denying or limiting funds that might otherwise go to parties that are perceived to be
critical of BP's project. We question the legitimacy of distributing BP's intervenor funds to a
group that is already affiliated and funded by BP.

For example, the following description of BP's relationship with Voters for Wind was
included in BP's initial Public Involvement Plan:

"In 2007, BP retained the services of Marion Trieste and her team of public outreach
experts to assist with planning events to educate and engage the public. As part of this
effort, BP assisted a group of local wind power supporters in the Towns of Cape Vincent
and Lyme to form a group known as Voters for Wind "

As we near completion of our requests for Pre-Application phase intervenor funds, we are
concerned there will be sufficient funds to engage all of the Town's experts. We bring this matter
to your attention at this time so that if a funding request is submitted by an affiliate of the
applicant that there will be sufficient time to examine the issue prior to the scheduled intervenor
funding conference.    

The letter then goes on to other matters.