Extension of the PTC?

What!!!..no,no,no....this can't be happening!   An extension of the Production Tax Credit! 

I was told over and over by both cv blogs and commenters  that the PTC  and wind were DEAD!  I guess somebody missed something in the politics!!

Know what you missed?  If the ptc does survive the cliff, we can discuss what you missed!

The Town's Insistence on Participation in Art. X - Who Benefits Most???

Who benefits  most, pro wind or anti wind, by the Town of Cape Vincent Town Board insisting on following Article X ?    Well let’s see, it’s really pretty simple!

Pro wind heavily favors following the Art X process because it puts the full force and power of a green NYS and its popular green governor and his agencies behind them.   It removes home rule on wind zoning to make pro wind’s  power almost unlimited on the community wind siting issue. 

Pro wind favors Art X because it significantly weakens anti wind  and forces anti wind into a system to hand over their restrictive zoning law to BP for BP ( and by default pro wind ) to negotiate its terms through the political third party Art X process, no matter how the Board declares they will defend our zoning, or how restrictive it is.   And that third party is significantly rigged to the developer’s agenda , and empowered by a green State agenda.

 Pro wind didn’t have to show up to the CV zoning committee meetings to have input or influence our law.  What would be no point for them?   They will let the real force of BP, Cuomo, and the State agencies he lords over, negotiate and have input for them against the Town.  This is where the real power is to formulate what our law will ultimately look like and they know it.  They don’t need to sit in local meetings with an ‘anti wind” board or zoning committee.  

This is what our Town Board insists on following despite the overwhelming odds.  So you have to look at this and ask…who are they benefiting by this absolute insistence of stay in the Art X process and letting our law be negotiated away by BP and the State powers behind BP? 

The Town Board is so devoted to the idea of  being “ reasonable and fair and not overly burdensome” that  they won’t even pass a simple political resolution to oppose Art X and the loss of home rule, as Jefferson County did.  They have had one tunnel visioned path, and that is a zoning law as the only defense, yet it is then handed to the State and BP to be negotiated

Question is WHY will they charge ahead when it is obvious how this system is significantly stacked to the pro wind side?  They can not claim to be defending our community and its law when the best shake they will get is to negotiate our law with powers like BP and the State in a rigged system.

Many of the Board’s supporters claim the Board to be anti wind.  Do you really think this helps the anti wind side???  Really???

Who are they actually helping and WHY?  No wonder pro wind is so tickled pink about Art. X and our Board charging ahead with it!   Our Board just keeps handing the power to BP and the State and its green agenda and by default also to pro wind.

If you carefully consider all the above, it becomes clear that the Board by its actions (not its rhetoric)  to remain devoted to the Art X process is actually a very wind friendly town board by purpose or by miscalculation. 

You don't see pro wind saying an awful lot lately, not even many letters to the PSC.  They have figured it out what the Board is doing and where it will lead for them!

Art. X is Completely Bass Ackwards!!!

Cuomo's Art X process is completely ass backwards.  NY communities through home rule and other enabling laws  are given home rule powers to decide their zoning and land use futures and visions.  So towns like ours take that power and form our own zoning laws including regulations on wind power.

Then along comes Cuomo and the State with a corporate backed scheme and says NO, we won't allow you do that with wind power, we can now preempt your laws and you have to come to us begging and and justifying  why we and our corporate buddies should abide by your laws.

What's wrong with this picture????

Well I tell ya what....how about since we as communities have home rule power and have been given the power to zone with home rule...and in fact ironically we even have the power to not even have a zoning law if we don't want it...how about we execise that full power and form our zoning laws for what we want, then tell the State to go to HELL!   If  they want wind power then they can bring their Art X siting board people here.  Then they can make an argument before us as to why WE should modify our zoning for THEM and their green agenda and the agenda of their corporate buddies.

Then we will make that final decision in our community, and not let some detached unelected bureaucrats in Albany control our destiny in a community most of them probably couldn't even find on a NY map unless some flunky staffer point it out for them!

Sounds good to me!

NARUC...TO YOU!!!

NARUC ! 

No, that isn’t a Merry Christmas greeting in Star Trek Klingon, or a character from Star Wars.

NARUC is the National Association of Regulatory Utility  Commissioners.

Here is information on what NARUC does.

“NARUC is the national association representing the State Public Service Commissioners who regulate essential utility services in your State. NARUC members are responsible for assuring reliable utility service at fair, just, and reasonable rates.

Founded in 1889, the Association is an invaluable resource for its members and the regulatory community, providing a venue to set and influence public policy, share best practices, and foster innovative solutions to improve regulation”.

Hon. Philip B. Jones,
President NARUC

In 2009 NARUC had an annual meeting, and with this link you can see who attended.

http://annual.narucmeetings.org/2009/registrants.cfm

Now once you have this list up do a search.  Hit Control F on your key board and that should bring up a box that will allow you to type in a word or name and it will find it and highlight it, then hit next to find more of the same word or name.

That is what I did starting with the name Harris and I got some interesting results.

Mrs. Harris, the NY PSC commissioner with the BP lawyer husband pops up. No real surprise, she is a regulatory commissioner after all.  If you scroll the list of names you can see other NY PSC commissioners and  also NY PSC staff as well.  Nothing unusual there either…right?

But other Harris names pop up that are more interesting.  There is no John Harris , Maureen’s BP lawyer husband, however, there are a number of partners from the Harris Beach law firm.  That would be the same Harris Beach that John S. Harris, the BP lawyer was a partner in at one time.  I wonder what they are doing at this meeting?   I guess they do a lot of legal work in the energy arena.  You know like guide clients through the govt regulatory maze as clients put up energy projects that need permits and approvals.

Now one other name was interesting.  That is William Flynn and he is a big wig in Harris Beach law firm as well…and what else was he at one time?????

Well…he was the former Commissioner of the NY PSC!!!  Garry Brown is also in attendance who is the current  NY  PSC commissioner with Maureen Harris.

Now have you ever been to a big convention, or even a small one representing a company of association?  I have several times. 

The NY PSC says there is no funny business going on with Maureen Harris having a husband as a BP lawyer representing BP in the Art X process with the Cape Vincent Wind Farm.  That the Art X system in Albany is all fair and square.  Maybe…maybe not!

What happens at the conventions is people from like agencies get together. Maybe Maureen Harris gets together with Gary Brown the current NYPSC Commissioner and maybe they go to dinner with the former PSC commissioner William Flynn that now works for a law firm that Maureen’s husband worked for, maybe Flynn brings some of his lawyer buddies,  or they get together with other people they know etc.  They have  dinner, and a few drinks, maybe go to a sports bar, talk a little energy policy and rub green elbows and casually figure out what is best for NY’s energy future and how to carry it out on behalf of Gov. Cuomo.

I wonder if the NY PSC can assure us they have control over that too????

Gooooooood luck Cape Vincent!!!

Another Critical Video - Cape Vincent's Wind Problem in a Nutshell

Want to see why we are in the wind mess we are in, in Cape Vincent and why our Board is likely taking us in the wrong direction of working within the system...watch this video!

http://www.youtube.com/watch?v=biGhErNWLek

THANK YOU VERY MUCH FOR HELPING US OUT!

The Town wrote a letter to the PSC  outlining the flaws and holes in  BP’s Public Information Plan (PIP).  Gee I guess they want to help BP make its PIP better????  Why???   Now I say the “Town” but based on the approach I think Cape Vincent Councilman Clif Schneider is the driving force behind these letters.

You can see the letter at this link.

http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={564E88B4-A17F-4575-B84B-41140D7E5AA5}

Some of you might say…Ok Pundt, what is wrong with this approach?  Well I would say… Why are we helping BP improve their PIP by carefully pointing all the flaws, so they can have a better more adequate PIP to use against US!!!

The Town ( and or Clif) has shown the PSC and particularly BP where the flaws are.  Now BP and the PSC can say THANK YOU VERY MUCH!!!  for helping us out by pointing out the flaws and we will correct them. 

And when and if BP does correct it’s PIP to the liking of the Town and they and BP and the PSC consider it adequate …then what?    Unless you want to look foolish, you will have no more complaints because you just helped BP makes it’s PIP “completely adequate.” 

The Town with this approach just assisted BP in beating us at the Art X game.  Why in the hell, are we suggesting to the PSC or BP how to improve the BP PIP?  Are we nuts???    If it is flawed then good leave it alone!  Do we actually want to make BP’s PIP better?  And guess what happens when it is improved?   BP ends up with a  much more effective tool we assisted them with to make a stronger case for their wind farm.

This isn’t just my opinion, it is the opinion of some very sharp environmental lawyers that have won (at least temporarily at the time until they smartened up  ) numerous environmental battles just like CV’s battle against BP. 

 Look at the videoINKED  below and scroll the time bar to 5:30…and listen to about 8:55.  The lawyer Tom Linzey from The Community Environmental Legal Defense Fund ( CELDF0 will explain how this approach the Town is taking by getting into this point by point detail analysis with BP and the PSC is itself flawed because it actually helps BP.

http://www.youtube.com/watch?v=HowKoNmODNY

If Clif is the driving force behind these letters and approach, he is a scientist and he will be bound and determined to argue the data and the details etc.  He will try to analyze and paper work this thing to death, and it will come back to bight him and the Town.  And that is too bad because this approach came back to bight him before in a law suit against the old planning board.

Once you have analyzed it to death and helped BP improve their PIP so you and everyone thinks it is adequate…then what?  Well, you just helped BP in the process to make their PIP more effective and they will now move on and make their application to the Art X board with their new shiny adequate PIP … which we helped them improve!!!

GREAT IDEA!!!

A Pro Wind View of Article X - A Guest Post

I opened up my email this AM to find this letter.  The sender asked if I would post if in fairness.  There was also a challenge in the email saying I had said many months back that I would post any pro wind view that wasn't just a wild pointless attack or incomherent.  They challenged me by saying  "now will you be fair and have the balls to post this"

I could not identify the sender, only that it appears to have come from around the CV area. Maybe it is from BP or Trieste. 

I have obvious disagreements with this person but I did find this letter interesting.  So after mulling it over today I decided to post it.

Here it is below for your enjoyment.

I am a proud supporter of BP and their Public Information Outreach efforts for their Cape Vincent Wind Farm that will bring exciting opportunities for Cape Vincent. I also credit New York Gov. Andrew Cuomo for his vision of a fair and balanced siting process like Article 10.   Article 10 carefully balances community concerns, with the need to address global warming, and also bring us energy independence from foreign oil and bring new American jobs and help save family farms.

But I am amused by the continued fringe voices of Art Pundt and his local soldier David Lamora who want to deny BP and the Article process in our community, and defend home rule.  They are out of touch, because I think the community and especially our Board and their supporters have moved on to a wiser path and I applaud the Town Board for not letting Pundt  and Lamora sway their thinking away from a fair balanced process, or denying BP into our community with a turbine ban. It is clear they do not agree with Lamora and Pundt.   Even the blogs have moved on and recognized Pundt and Lamora as the radical fringe for trying to ban BP turbines and deny the Board to participate in Article 10 and represent all of us. This Board has chosen a far more reasonable path for a community the Zogby poll says is more in favor of wind than not

That got me thinking.  Whose side am I actually on? We are not as far apart as some would believe and we should stop this deny, deny, deny, talk that separates us.

I did not vote for our current board nor do I support their anti - wind leanings and that of their supporters.  I have followed this Cape Vincent wind issue very closely and have been a strong advocate for BP and wind but I have not been particularly vocal.  

 But I was struck by something recently in a Cape Vincent town letter to the NY Public Service Commission (PSC) as part of the Article 10 process that made me step back from the shrill voices on both sides and try to take an unbiased look at what the Town Board and their supporters are actually doing.  I tried to cut through the rhetoric and instead look at their actions.  I am pleased that they are now fully engaged in the Article 10 process leaving fringe voices behind.

What struck me in the Town’s letter and letters from their supporters was an apparent willingness to have a detailed  dialogue with BP and the PSC to reach a better solution for all.  I was particularly struck by the Town’s expressed willingness in one  letter to support renewable energy on a large scale.  They indicated to the PSC and BP that they are not opposed to a large commercial renewable project for Cape Vincent, and felt BP could be the proper agent to bring us that project. One would have to surmise that this would also include a willingness to discuss local tax incentives to bring such a project to fruition. That too was implied in the letter.   They preferred solar, however, I would far prefer wind as a better solution. This is very positive!

But at least we are taking large steps toward each other rather than following the divisive voices of Art Pundt and David Lamora that would completely deny  BP into our community or the fair Article 10 process where our Board clearly recognizes they can better represent all sides in the community and possibly reach a potential compromise that is fair and balanced, despite having to put aside home rule on this critical issue.

 If the Board supports Gov. Cuomo’s and our direction  for  clean renewable energy, as they outlined in their letter, and in fact their comprehensive plan and zoning support as well, then we are more than half way there to an agreement and all we need to do is hammer out some details via the help of an unbiased knowledgeable Article 10 process taking a fair look at our zoning. A fair approach for BP as well.

I am also struck by the Boards acceptance of the PSC letter on potential conflicts at the PSC, and that they agree they now have assurances that the system is untainted and fair. This sets the stage from which we can now move ahead and trust the process for a fair decision for the entire Cape Vincent community.  I too had concerns and was hoping this potential conflict would not mar the process or turn the Board away from it. I applaud the PSC for their detailed response and I applaud the Town for recognizing it as fair and reasonable and not buying into the Pundt, Lamora hysteria that the Albany system is rigged.

 Former Cape Vincent Town Councilman Mickey Orvis was wise when he said we should give this problem to the State to decide and let the community heal. It appears in the end our board is now agreeing with Mr. Orvis by wisely ignoring Pundt and Lamora’s marginal voices to deny BP and Article 10 and committing to seeing that the Article 10 process works fairly  and brings us a final solution , and by participating are agreeing to that final solution as fair.  I now feel despite my differences with them and their supporters that they are coming around to recognizing by participating in the Article 10 that they have an obligation to represent me and are in fact doing so in a fair way with assistance they recognize and accept from the State. 

 And fortunately as I stepped back to examine it, it appears by the appropriate direction of our Boards we are almost to a solution ourselves, so let’s move forward and not let the fringe voices misdirect us from a compromise or a reasonable solution that you appear to support in the balanced Article 10 process.  This is where the Board and their supporters have moved on by participation in Article 10, and have wisely left the fringe voices behind to ensure fair representation of the whole community, and even me as a strong wind advocate. I hope my pro wind friends come to recognize we may have reasonable representation on the Town Board and should foster this relationship since they are finally moving on and leaving the fringe voices behind.  The Board’s continued support of the Article 10 process is critical to us now.

So despite my strong disagreements with this board, I at least strongly credit your reasonableness and willingness to recognize a renewable solution and participate and represent us all in a fair unbiased Article 10 process where even you recognize we can benefit from the State’s wise counsel by putting home rule aside.

 Sometimes like yourselves it is wise to recognize that individual rights should be trumped for the greater good.  Thank you!

BACK UP THE TURNIP TRUCK!!!

Recently Mr. Wiley at the CV JLL blog asked the question how many Cape Vincent citizens just fell of the turnip truck or came down with yesterday's rain?  

He was asking this question in regards to an explanation provided by BP in the WDT about the fact  that a NY PSC commissioner Maureen Harris has a husband John Harris  that is also the lawyer to BP’s CV Wind Farm.  Some say Wiley was just posing a simple rhetorical question.

You can spin his statements any way you want but the implication is clear...we WOULD have to have fallen off the turnip truck to accept BP’s explanation.  Especially considering that the U.S. Justice Dept. charged BP as felons, criminals, and of lying to Congress over their Gulf oil spill disaster.

However, here is the problem. The BP explanation is basically the same as the NY PSC explanation on this PSC commissioner BP lawyer conflict issue. Like they are talking out of the same mouth.  Anybody surprised by that???   Here is what the WDT reported on the BP explanation.  Chandler is BP’s project manager for the Cape Vincent Wind Farm.

Underlining emphasis is mine.

“ Mr. Chandler echoed the PSC’s statement that Commissioner Harris has “nothing to do” with the Article X review process”

OK, since the BP and the PSC statement are virtually the same on the BP / PSC conflicts issue, then when did we all of a sudden start believing BP, or the NY PSC for that matter that only now is addressing the conflict, when we caught this cozy little relationship?

Any of you believe this BS????

Well what do ya say we see what the Town officials of CV believe.  Here is their response to the PSC explanation…keeping in mind it “echoes”  BP’s explanation. Underlining emphasis is mine.

“Thank you for your prompt response to our December 12 letter.  We appreciate the assurance that you have provided that Commissioner Harris will not be part of, nor have any influence on, the deliberations that lie ahead for us in BP’s Article 10 proposal”

 Hhhhmmm...sounds like the Town of CV officials are all warm and fuzzy about the PSC (BP) explanation.

I guess Mr. Willey better take his turnip truck over and back it up to the Town offices!!!

 

Cape Vincent Citizen Dave Lamora Comments on Recent Town Letters to the NY PSC

I apologize to readers and to Dave.  I was having many issues with the text and background color schemes on this post that I could not resolve, thus the odd white background - Art Pundt



Dave's comments:

The recent letters from the Town of Cape Vincent to the PSC in response to the PSC’s comments regarding a potential conflict of interest and possible ethical misconduct by BP, include some intriguing yet disturbing revelations. In particular, this quote-

“There has to be some recognition in the Article 10 process between an applicant's rhetoric and their compliance with the law, rules and the recommendations of the DPS. In BP's Article 10 case they obviously talk better than they walk. Although we view the loss of home rule to be unfair to the interests of our community, we felt the rules that were promulgated by DPS attempted to balance the interests of all the players, us included. However, if BP continues to be unresponsive to these rules, as they have been with their PIP, then we foresee a continued adulteration of the Article 10 process. Governor Cuomo, during the signing of the NY Power Act 2011, stated that “the process will be fair,” and we hope and expect that the Siting Board will uphold the expectation of the governor. “

Unless I am misreading this completely, the Town of Cape Vincent has professed that they feel the rules established for the siting of industrial turbines by an ART. X . siting board are balanced for everyone in the process.  You can’t be serious! 

I simply cannot believe any town official would sign their name to this letter representing the citizens of Cape Vincent.

To say that the town hopes and expects the siting board to uphold the expectations of Governor Andrew Cuomo is pure capitulation.  The governor expects this siting board to issue a permit to BP to erect 500 ft industrial turbines in Cape Vincent and other communities across the State. He could care less what we think is fair. If he truly cared what we considered fair, he would never have proposed the ART. X. Legislation.  Fair in his mind means that everyone sees the logic of his energy policy and agrees to contribute their fair share to seeing it come to fruition. 

The town officials have crossed a line with this letter that should not sit well with the citizens( at least it does not sit well with me).  They not only have accepted the PSC’s explanations regarding the conflict of interest with the Harris’s as  adequate, which is in itself a big naive leap of faith,  but now they are professing that if only BP would follow the rules and recommendations, we will accept the process as fair.

Maybe I’ll go back to believing in Santa Claus.

Town Wants to Protect Citizens From BP During Art X Proceedings - Here's A Hard Hat!

The CV JLL blog is reporting that the town had a workshop that focused on discussion of  the BP /  Art X issues.  Here is the quote from JLL.

"Supervisor Hirschey reported that they had conducted a joint workshop with the planning board and zoning board that focused on Article X discussions about what the boards can do to protect our citizens during British Petroleum's attempt to site their industrial wind project in the town."

Would be very interesting to hear what they came up with.  Perhaps handing out hard hats to CV citizens when the BP construction crews arrive??  Or can we expect a Cold War Civil Defense type pamphlet from the boards instructing us what to do? 

I noticed that during the Oct. 23rd evening meeting with BP that the Village Fire Dept siren went off.  Was that a warning test that BP was in town and to take cover???? 

This was just a test.  Had this been a real emergency you would have been instructed to close your curtains to protect you from the shadow flicker from BP's turbines!!!

If you are my age and a kid of the Cold War days of the 50's and 60's , remember "Duck and Cover" where you would have an air raid drill at school and duck under your desk for protection?  When BP and Art X arrive maybe we could wait for the Village siren to go off and then duck under our desks!  That had to be a government program that would come up with a scheme to think a school desk would protect you from a thermo - nuclear weapon that could vaporize a city in a milli-second.  Like humorist Dave Berry said, maybe we should have stopped spending billions on missile defense and just covered the nation with school desks!!!

Now we have a zoning law we are supposed to  "duck under" to protect ourselves from the overwhelming rigged power in Albany that is about to vaporize us and our law and our comp plan! 

No wait ... I have an idea.

How about we not hand over our zoning law and our community to be negotiated by a rigged third party  political system heavily influence by BP, and a Siting Board stacked to carry out Cuomo's green agenda!!!

WOW!!! There's a thought!!! 

You know...like if you don't want your house robbed, don't leave the door open or doors unlocked, or invite the burglar to come right on in, or negotiate with the buglar on what he can take!!!

Garry Brown - Commisioner of the NYS Dept. of Public Service - More Albany Fun!!!

More connections...Albany is so cozy!

Garry Brown is the current Chairman of the Commssioneers of the NY Dept of Public Service. This is the same  commission Maureen Harris sits on as a commissioner and she is the wife of the BP laweyer of record for the Cape Vincent Wind Farm. Mr. Brown is a very accomplished gentleman with many powerful connections, and it ain't looking good for Cape Vincent!.

 Now let me make it clear.  I am not suggesting any impropriety on Mr. Brown's part, or that of his friends, but his associations certainly are intersting when it comes to Cape Vincent's industrial wind future. Mr. Brown is part of a shighly stacked triple team coming to CV with BP and Art X.

Mr. Brown is also the chairman of the NYS Board on Electric General Siting and the Environment. This is the Board everyone is writing letterd to.   Long story short Brown will sit in the Art X siting board.  See link below:

http://www3.dps.ny.gov/W/PSCWeb.nsf/All/819F6262C4B3D787852579D0004F0151?OpenDocument

Now where else does Mr. Brown pop up in Albany?  Well he also sits as a member of the NYS Energy Research and Development Authority (NYSERDA). NYSERDA administers the State's Renewable Energy Portfolio, which helps fund NYS renewable energy projects, including wind, by taxing your electric bill. Look for RPS/SBC charge on your Nat. Grid bill.  You might not like wind power but you ARE funding it, and Mr. Brown helps see to it by sitting on the NYSERDA board.  NYSERDA's acting Chair Frank Murry, will also sit on the Art X siting board.   See this link about NYSERDA.  They are rather green!!!  Basically an important State  authority to see that NYS and Cuomo get their green agenda carried out.

http://www.nyserda.ny.gov/About.aspx

No let's  me see here.  Brown sits on the Art X siting board, Murry sits on the siting board, and so also does Joseph Martens from the NY DEC.  Yet all three are also on the NYSERDA board.!   Seems to me we in CV are going to be  being triple teamed by the very same GREEN NYSERDA in the Art X process,   Remember basically NYSERDA takes  money off your electric bill and gives it to wind developers and other renewables. 

So let's see what Mr. Brown and Mr. Murry have  to say...see the link from Gov. Cuomo's office where Cuomo is announcing $191million to increase renewable energy in NYS.

Governor Cuomo Announces $191 Million in Project Awards to Increase Renewable Energy in New York State

"Francis J. Murray Jr., President and CEO of NYSERDA said, "The RPS has been instrumental in attracting private investment in renewable energy and supporting the state's clean energy agenda. Thanks to Governor Cuomo's commitment to clean-energy investment, we will help create jobs, improve our environment and strengthen our energy security in New York."

Garry Brown, Chairman of the PSC said, "The generation of electricity from renewable sources increases energy diversity and promotes a better environment for us all. Renewable energy, along with our energy efficiency efforts, provides our best hope toward ending dependency on fossil fuels, improving regional economies, and reducing harmful emissions."

Created in 2004 to promote the development of new renewable energy resources, the RPS is funded by a surcharge collected from ratepayers served by investor-owned utility companies. To date, the RPS has supported the development of 56 large-scale projects, including 18 wind farms..."

http://www.governor.ny.gov/press/06012011RenewableEnergyinNewYorkState

Seems these guys who will sit on the Art X siting board are fully behind Cuomo's green (wind) agenda.  And these two and the DEC Comm. who also sits on NYSERDA's board will be coming to Cape Vincent with BP to decide our future.  Apparently they like wind power and are helping Cuomo carry out his green agenda and then here comes BP with 200-285 MW of nice juice wind power for them to get their hands on!

Gee I wonder how that will work out for us??? 

So let's  look at the CV Art X score board so far.

We have 3 very powerful men, all intertwined on the State's (GREEN) NYERDA  board and also on the Art X siting board, and all real happy to carry out Cuomo's green agenda. 

Then we have the BP lawyer married to one of the PSC commissioners that Garry Brown sits with on that commission.  Brown apparently had no problem with this  BP PSC relationship until we caught the PSC with their conflicted pants down! We also have BP offering these guys and the Gov. 200-285 MW in wind energy that plays right into their agenda. Hhmmmm...That is the  team we will be playing against!  Oh yes, and Brown and M. Harris also voted to require Iberdrola to invest $200 million in wind in NY in the Energy East take over deal!

So what do WE have?  We we have these guys on the other team setting all the Art X rules and promoting Cuomo's green agenda.  Oh...and we have our little wind zoning regulations in our law that we gave to these guys to negotiate with BP!  And that little law basically says these powerful men doing Cuomo's renewable bidding can't have BP's 200 -285MW of wind power. 

Then we have Mr. Bob Brown and others of  the CV zoning committee and town board  for example charging ahead in the Art X process these other State guys control, saying when we take our law and defend it before these guys on the Art X board they will absolutely see it our way simply because they will recognize that our law protects  the health, safety and welfare of the community, and this will basically send BP and their sweet 285MW of renewwable wind power packing, out of NNY.

Really ...reading everything above and all the overwhelming Albany connections it's actually going to be that simple, just wave our little law at them and write some letters and that is how our guys think this is going to work???  Gee have our guys ever heard of POLITICS!!!!

Long story short these Albany guys and Cuomo are rabidly for wind power and starring at BP's 285 MW of wind and our guys say our law says BP and Cuomo and these powerful guys can't have it!!!

Reading the information above...how do YOU think this is going to work out for the future of CV???

Think there might be any merit in NOT playing in this game and looking at some different alternatives that at  LEAST directly and aggresively addresses the POLITICS.  Our  little law does NOTHING to address the political aspect of all this, and that is MOST of what we are dealing with...not health safety and welfare and zoning laws. 

 Hell...all this is perfectly LEGAL and with all this power stacked against us, why even bother to worry about some little conflict of interest.  they can bulldoze us perfectly LEGALLY!!!

You want to actually defend your law...then you better start  thinking outside the little local zoning law box that all these local communities have bought right into!!

My Opinion Letter in the Watertown Daily Times.

http://www.watertowndailytimes.com/article/20121219/OPINION02/712199973

I have an additional comment.  When we handed over our zoning law to the Art X process we did exactly what the pro - wind faction in Cape Vincent hoped we would do.  Give it to the State where BP would get a real serious shot at negotiating it with the State.

And now we know the process is heavily rigged to Cuomo's and the Cape Vincent pro - wind agenda.

How Does Pandora's Box of Rocks Know???

The NY PSC has responded to the town concerns about BP's donating to local organizations, and potential conflicts of interest within the PSC with BP.

K at Pandora's Box of Rocks blog is claiming this about that letter from the PSC:

"Unfortunately the PSC’s response does not adequately address the concerns expressed by the Town of Cape Vincent board members." 

My simple question would be ... how does she know the board will find this response inadequate?  

I think you may be jumping the gun here a little K!  How about we let the board answer that question!

Is K on one of the town's boards?  I haven't seen any official response from the town to this letter. How does she know the town will react by saying the PSC letter's explanation is inadequate? 

But K's comment raises a very  interesting discussion.  She has been a staunch supporter of this board and her husband is in the CV govt.  Ok...that's fine. She is free obviously to support anyone she pleases and be married to anyone she pleases.  Kinda like the Harris relationship.  But does that bias HER thinking?   BUT what if the board finds this PSC explanation adequate, or a "reasonable"  answer to the "assurances" of no conflicts at the PSC the board wanted from the PSC?  After all the PSC explanation is very technical quoting laws and regulations etc to make their point...that many people (not me or many of us) might find adequate and reasonable!

So what then if the board she  (and JLL) supports so strongly suddenly decides this is a completely adequate response and then charges ahead down Art X road anyhow when it appears she is not comfortable with the PSC BP Art X relationship. 

What do you do then K.?  Just follow along your favorite board without question even though you apparently think by your comments that the PSC's response is inadequate.  Are you going to advise your board that the response is inadequate as you claim here?  Are we going to wait for an adequate response, and what would that be?

And BTW what if the board DOES think the response is inadequate.  Now do we still charge on down the Art X road anyhow and you and JLL charge with them knowing it s badly rigged and their response did not ease your fears that the system is stacked to BP's favor?  What do you suggest next?   Would you suggest they suspend all Art X activity since it is so rigged and now we know it?   Do they send ANOTHER letter.  And if they do what does that change since the PSC or BP answer is not going to change.

Kind of a real  interesting dilemma for you, JLL, your board and its supporters!

Can't wait to see what the board says.
 

This board has been tunnel visioned and overly committed to this Art X direction to the exclusion of everything else. Will they now exclude this new information that is so blatant as to how the system is rigged.  Do they think they can stll outsmart the State and Cuomo?   Now they just got a slap in the face to

 the realities. 

In fact K one, CV govt official I emailed knowing all the new serious  PSC BP issues indicated a few days ago after the WDT article (before this letter from the PSC) they ARE  NOT changing directions on Art X and it was too late to turn around now. So I guess they would have to say they will think this PSC response IS adequate! If you are charging ahead with Art X I guess you would have to accept the PSC explanation.  And knowing what they know now, why would you complain to the PSC at all if you were so committed to go with Art X regardless of the PSC explanation and issues?

It will be interesting to see what the town says now and how many supporters  think their explanation is adequate if they continue with Art X an accept the PSC explanation.

And it will be completely unacceptable if the board does not respond to this PSC letter hoping it will all quietly go away, then charge on down the Art X road anyhow.

This board put itself  and the community in a terrible political dilemma by trying to play these "reasonable" games with the State instead of just opposing both BP and the Art X process completely.

Hey...Where's My PSC Letter????

The Cape Vincent blogs Pandora's Box of Rocks, and JLL have posted numerous letters  local citizens have posted to the PSC website opposing BP in our community.

I took a lot of flack for not sending a letter to the PSC, and I finally did post a letter to the PSC!  I even posted the long version on my blog here, that I am guessing they read.  I thought my letter addressed far more directly with evidence and research the serious issue of why Art X is an illigitimate law, and the PSC conflicts.

So I wonder why they didn't post my letter on their blogs????   hhhhaaaaaaaa!!!!!!  I'm crushed!!!

NY PSC Says They Are Very AWARE about CONCERNS About Conflicts of Interest- REALLY ?- Let's Put It to the Real Test!

Yes.... you damn well bet we can accurately test that PSC premise with plenty of  first hand evidence and experience. Read on and let me prove to you exactly how much BS this really  is!

Here is the NY  PSC statement to the town concerning the potential conflicts of interest with the Harris relationship at BP and the NY PSC.

"I can assure you that the Siting Board, the Department, and the Commission are very aware of concerns about potential conflicts of interest."

Oh really PSC, have you talked to your boss the Governor lately!

First the PSC has been working very hard to put distance between the PSC, the Commissioners, the DPS, and the Art X Siting Board.  OK...but whose umbrella does this all fall under?  Who appoints those commissioners for example?  Who is the State CEO?

Oh yes, that would be the one and only Gov. Andrew Cuomo. After all he appointed Maureen Harris the NYPSC Commissioner wife of the BP lawyer and he had to know the relationship, or he isn't doing his vetting job very well.

 As the CEO of the entire  State of NY, and as once the NYS  Attorney General,  the buck ultimately stops on his desk for ethics for example. Especially when your damn campaign slogan was integrity in govt!   The tone of the actions of the State and its agencies and it personnel fall under his leadership and more importantly his leadership by example and message .  You can bet they watch his every move and message, blatant or subtle.  Their jobs depend on it.

So what is the message he is imparting on this entire Cape Vincent wind mess that will filter down to his agencies?  Well let's see.

The PSC says they are AWARE.    In 2010 Cuomo came to Watertown running for NY Gov.  As Rick Wiley at the blog JLL reported it, he had the chance to shake Cuomo's hand and ask him if he was aware of Cape vincent.    Cuomo said he WAS aware.  Well good for you Andy!

Well first of all, I received a call from one of Cuomo's  top lawyers Hank Greenberg. (look up Greenberg Taurig  law firm if you want to see power) He asked  if I  would shut down the protest that was taking place that day in Watertown.  The deal was basically shut it down and we will make a deal to talk to you privately.  I told him it was not my protest to shut down, and gave him the names of others directing it.   Oh, and guess what that protest was about.  It was about Cuomo's inaction about the Cape Vincent wind mess and the cesspool of blatant conflicts of interest attached to it.  I was getting this call because he was REAL AWARE of what WE were AWARE of in CV!  Yeah,  he was aware alright, and Cuomo didn't want to have that exposed to the public so they would also be AWARE too, and he was tasking his top counsel Greenberg to see if he could get NY citizens to forfeit their 1st amendment rights so Cuomo could look nice and squeaky clean with his GOVT. INTEGRITY BS?   

The protest went on anyhow, and we got our meeting with Cuomo's top staff anyhow in a nice quiet out of the way place.  At that meeting where Greenbeg was present  and Cuomo's Deputy Chief of Staff and we made them REAL AWARE, and actually they had known about it since 2007 and I can prove the increasing awareness they had and verified!  of what the hell was going on in CV.  AND at this meeting when others wouldn't, I  made a specific point of the role of NY Sen.  Aubertine from CV had in this mess.  They and Cuomo where AWARE, because we put it right in their lap. 

Ok, so now everybody on Cuomo's staff is freakin' AWARE!   - Well Yippee Skippy!!!!

So here is the test. 

What did Cuomo, now the CEO of the State do?  He appoints the PSC Commissioners and you can bet confers with them on a regular basis...what did  he chose to do with all his AWARENESS?  What message has he sent to his agencies including the DPS,PSC, Commissioners and Siting Board?

He started a bogus investigation of former CV officials NOT including Aubertine, AND THEN DID NOTHING!!!  So much for AWARENESS

Do you think any of his underlings like at the PSC are paying attention, because this awareness bullshit sounds exactly like their boss's message?  In fact I wouldn't be surprised if this PSC mess landed on Cuomo's desk and he was involved on how to reply! 

Well actually it isn't fair to say Cuomo did nothing with his AWARENESS of CV!  He did plenty!!!

After the NNY voters removed former NY Sen. Aubertine over wind ethics lapses, who BTW sat on important NYS ENERGY COMMITTEES, and had wind leases along with his family and buddies in CV Cuomo used his AWARENESS to slapped us all right in the face in NNY.  Cuomo was so AWARE that despite the wishes of NNY voters he put Aubertine right back in NY Govt as his Agricultural Commissioner.  And Cuomo was AWARE of Aubertine's whole CV ethics mess.  Then Cuomo appoints a PSC Commissioner whose husband is the BP lawyer and basically will represent BP and  Aubertine's wind leases.

Wow... now that is AWARENESS...of how to screw over the voters, and a community, and the democratic process!  Three strikes of AWARENESS!

And this is the awareness example Cuomo is sending to the PSC and all his State agencies.  Basically don't give a shit about those hicks up in CV, do whatever the hell you think you can get away with unless you get caught! 

That is the awareness  he has demonstrated by his EXAMPLE!

And there, ladies and gentlemen ,is your TEST of AWARENESS  and what it means coming from Cuomo's and his State agencies and employees like the PSC. 

So what is the PSC going to say?  Hey Cuomo, you are an idiot for how you handled CV, and we are going to defy your example. Really???

Now considering all this and who ULTIMATELY has the powerful influence over the PSC, and what example he sets, and that Art. X is Cuomo's baby, doesn't  it just make you all warm and fuzzy and giggly that the freakin' PSC is AWARE!!!

Who the hell do these people think they are kidding !!!!  I hope our town board is now AWARE!

Hey PSC...I got your AWARENESS right here!!!! The only thing you are really AWARE of is we caught you with your conflicted pants down!!!

Now as long as we are talking about awareness, Cuomo is going to probably run for NY Gov. again in 2014, and probably take a shot at the Presidency.  THEN we are going to have another disscussion about AWARNESS and who is aware of what!!

And I am betting there are some important Republicans that would pay attention when we make THEM  AWARE!

I think Gov Cuomo should wipe this CV slate clean and end this Art X wind nonsense, and use an executive order or at least executive pressure to override Art X and declare the 1000 Isalnds and the Golden Cresent and Lake Ontario off limits to industrial wind development.

When 2014 and 2016 come around don't have a short political memory!!!

NY PSC Responds To Town Concerns of Conflict of Interest - NO PROBLEM!!!

Well...the NY PSC responded to the Town of Cape Vincent's letter concerning the potential conflict relationship of a PSC Commissioner Maureen Harris and her husband the BP lawyer of record for the Cape Vincent Wind Farm.  Below is the link to the PSC website where you can see the PSC letter and it is posted on the other CV blogs as well.   They got the deatiled "assurances" they  asked for...now what?

http://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId={D4B61B06-013A-4326-BC6A-62F4E6440240}

Of course the PSC did what we expected and told us everything is just hunky dory, it's all on the up and up, peachy keen, the bee's knee's  blah, blah, blah!!! Now although this explanation is more detailed than BP's response, BP and the PSC are on the same page with the same basic blah blah blah explanation!!!!

Wait a minute...didn't the US Justice Dept. just recently charge BP for not telling the truth about their oil spill?  And if you don't tell the truth doesn't that make you a LIAR!!!  And they weren't just telling a little lie to some little unknown person they were telling it to the US Congress that represents all the  American people.   So we have the BP explanation, and now we have the PSC explanation and they are basically the same.  Aaaahhhh, yup that sure makes me a lot more comfortable that BP and the NY PSC are on the same page saying basically the same thing!!!  So you should all sleep well at night now!

Critical question is...does our Town Board believe it , and what do they do now?   As I mentioned in a previous post that Wiley at  the JLL is asking the question have people in CV just fallen off the turnip truck?  He says this in reference to the BP explanation about the Harris relationship,  But the BP explanation is basically the same as the PSC's. Wiley poses a good question and I wonder how our town board will answer it?

Now if you go down a few posts on this blog you will see where I examined the question of what does the town do now that they have a response that assures them everything is all under control with this potential conflict of interest.  Like I said do they buy it and charge head long on down the Art X road?  Since they had major questions to begin with, do they now accept that everything in Albany is all on the up and up? 

 And what about the town board  supporters who put them in office?  Do they swallow the PSC explanation?   If they don't and their board does, does that mean they will also commit to accepting that even though we KNOW the system is badly rigged against us that they as well will charge down the Art X road with their board or will they have questions about the Art X system that put them at odds with a board charging ahead in a rigged system? ?

This is going to get real interesting.  Watch our board closely and see what they do now.  They put themselves in a box by asking for assurances...and now they have them.  So what do they do now...say OK, or do they call the PSC a liar?

And notice that Councilman Clif Schneider posed serious relevant questions about BP influencing community opinion by donating to community organizations and that this influence or approach is not listed as outreach in the BP PIP.  The PSC says that doesn't mean the PIP is inadequate.  NO  problem!!! So there you have it Clif...all is just hunky dory.  So do you believe them?  You cry foul and the PSC says no problem.  So what now?

I  think the town approached this whole matter incorrectly. I don't think they should have asked the PSC anything.  I think they have a prime opportunity to TELL  the PSC... 

"We now see how this Art X process works and how BP has undue influence over it and is distorting it.  As a result NO THANK YOU we are opting out and will enforce our zoning and defend it from Cape Vincent.
The Art X process will no longer have legitimacy in our community due to its significant questionable issues and we are asking other communities to join us in this denial of the Art X process.

Ask yourself...does the PSC letter of "assurances" make you all warm and fuzzy? Does it now make you feel better?  Do YOU believe them? Will our town board believe them?  

 If the town believes the PSC, and most of us don't...how does that play out?  Do we just stand by and let them take the community head long into a rigged system!  This Harris thing really put a monkey wrench in the system...for both sides!!!

Watch closely to see what the town does next! 

My Letter To The NY PSC Siting Board

A number of you have criticized me for not engaging in the Art X process and also for not writing a  letter to the NY PSC pleading for them to save Cape Vincent from BP's industrial wind disaster.

Upon reflection  I have decided to write a letter, but it is not in the theme of most of the letters you will see on the PSC website and it does NOT mean an acceptance or engagement in the Art X process. I chose a different approach that obviously I would hope others would consider as well. The Art X process in my opinion is an illegitimate process weakly veiled as legitimate law and you can see my argument as to why in the first part of the letter.  The second part deals with ethics. You may find you agree with the subjects in this letter but I have not seen these sentiments expressed on the PSC website to this date.

This letter is lengthy so it will not fit on the PSC website. It will be sent to the PSC and Sec. Brilling by registered letter as well as the other parties Cc  on the letter.  A separate letter will be sent along with this one to NY AG Schneiderman and Gov. Cuomo.  I doubt there will be any response but if there is it will be posted on this blog.

I will post the second half of my letter, which is the real point,  on the PSC website shortly.

Frankly, I wish the Town of Cape Vincent officials would have written such a letter to the PSC.  I think that is what we should expect from our officials considering the questionable ethical circumstances that have been uncovered and the ones that have existed for quite some time, beyond our former local officials wind lease conflicts.

My letter is as follows.

To:                                                                                                      Dec. 17, 2012

The Honorable Jaclyn Brilling

Secretary, NYS Board of Electric Power Generation Siting and Environment

3 Empire State Plaza

Albany, NY 12223-1350

From:

Art Pundt

Flagstaff, AZ

Seasonal resident, land owner, tax payer, Cape Vincent, NY

Re: Case12-F-0410 Cape Vincent Wind Power

Dear Secretary Brilling,

I am a seasonal resident of Cape Vincent, NY and I am corresponding with you, not to plead with you, or the NY PSC, or any subsequent Article. X  Siting Board to deny British Petroleum’s (BP) application to site a wind farm in Cape Vincent NY or even the consideration of it.  I am writing on another matter that has relevance well beyond Cape Vincent to all NY citizens expecting Gov. Cuomo’s promise of integrity in NY government, including your agency.

First, the  reason I am not addressing your agency’s consideration of BP’s proposal, or intend to engage in the Article X process is as follows. 

I believe that no NY or American citizen should engage in the system you administer  since it  has already arbitrarily and illegitimately stripped away NY community’s and their citizen’s rights to home rule and self determination. This violation of American citizen’s rights is intolerable masquerading as legitimate law.  This is one of the most important powers any NY community and its citizen process…to determine without inordinate corporate or State political dominance the vision of its own land use, and therefore a  future in the best interest of the community and its citizen’s welfare.  That is not only my opinion, but one well considered and written by the NY Legislature into the legislative findings and intent of NY Laws.

 NY Town Law, Article 16, section 272 (a) and (b) states the following about land use and the powers granted to NY towns and their citizens:

§ 272-a. Town comprehensive plan. 1. Legislative findings and intent. The legislature hereby finds and determines that:

  (a) Significant decisions and actions affecting the immediate and long-range protection, enhancement, growth and development of the state and its communities are made by local governments.

  (b) Among the most important powers and duties granted by the legislature to a town government is the authority and responsibility to  undertake  town  comprehensive  planning  and  to  regulate  land use for the purpose of protecting the public health, safety and general  welfare  of its citizens.

Note that in paragraph (a) the law clearly recognizes that the State’s citizen’s interests and long range protection is best served by decisions made in the hands of local governments exercising home rule rights.  The Art. X process allows the removal of those powers and rights and therefore Art. X is completely contradictory to what the Legislature recognizes in law to be not only in the towns’ best interest but in NY State’s best interest as well for its long range protection. The legislature recognizes in it’s very own findings and intent  the extremely critical role of local rights and the decisions they empower as critical to the State’s best interest.  The very existence of the Art X preemption power over local laws means the State is working against itself by it own findings and legislation and what the Legislature recognizes is in the best interest for the State and it’s citizens. 

In paragraph (b) the Legislature also recognizes that one of a town’s most important powers , not just a power, but a most important power, is a town’s authority and responsibility to plan and regulate land use for the protection of it’s citizens and for a future free from arbitrary land use chaos. Art X doesn’t remove just any home rule power, it removes what is arguably THE most important power a town possesses through home rule. How can a town take responsibly or be encouraged to take responsibility for land regulation if that power can simply be removed? This is a significant stripping away of citizen’s rights and powers and to determine their “life, liberty, and pursuit of happiness, starting at their very own intimate community level, the fundamental place we learn to exercise our democratic rights.

Therefore the State has two badly contradictory laws working completely at odds with  each other and the true democratic process.  NY Town Law Sec. 272 quoted above that grants significant home rule powers to plan and regulate a community’s own land use, and Art X with it’s preemption powers of local land use regulations removes those rights and powers.  And those home rule powers have been removed, not in the best interest of the State, towns and their citizens, but for arbitrary and transient corporate and political agendas under the influence of corporate lobby money.  There is no long range protection for any NY citizen in such a reckless legislative scheme that essentially negates previous established power and rights.

Removing such powers granted to NY towns and their citizens also has a dramatic chilling effect on a citizen’s motivation to participate in the local democratic process, if laws they determine locally in their best interest, and the rights to enact those laws can simply be arbitrarily removed.  None of this is in the best interest of the State, the towns’, or the State’s citizens, or any American citizen attempting to engage in democracy to protect themselves and determine their futures, especially when it is at the fundamental level of democracy…the very  location of our lives and homes. 

Therefore, for the reasons I have outlined, I believe that the Art. X legislation and it’s power to preempt local legislation and subjugate  basic citizen’s rights  make it a reckless contradiction to well considered responsible pre-existing State laws that grant those rights, and therefore make the Art X laws completely arbitrary and capricious and without merit or legitimacy.  NY Town Law recognizes that home rule rights on land use granted to a town are one of the MOST important rights, and any law that removes such important rights and powers, must be denied by the very source of power of any law…the people.

That is why I refuse to participate in this process and highly encourage others to do the same.  This letter, however, concerns another critical matter to the welfare of local governments and citizens across NYS.

The Town of Cape Vincent is engaged in the Art X process with BP and the NY PSC.    It has come to the attention of the Town of Cape Vincent, and its citizens via a Watertown Daily Times report that a high level NY Public Service Commissioner Maureen Harris is the wife of John S. Harris the attorney of record for BP’s Cape Vincent Wind Farm.  The Town has written to you for clarification on this matter.  Your agency’s initial  official reply to the paper article was inadequate and distorted political cover. The Harris relationship is very questionable even if it is only a matter that a perception of a conflict of interest exists and  should be avoided to ensure public confidence in government and it’s public officials.  This in fact is what is suggested in numerous NY AG opinions to public officials, and Mrs. Harris should be familiar with these opinions since she was once a litigator in the NY AG’s office under Gov. Cuomo when he was the NY AG.

As I said this letter is not to plead a case for you to save Cape Vincent from BP’s wind complex proposal. I have already outlined why the States contradictory laws make that irrelevant and why it is illegitimate for your agency of any other to administer the removal of NY citizen’s rights already granted by other State laws.   

This letter is to put you and your agency on notice that I will be contacting the Governor’s Office and the NYS Attorney General’s Office and will encourage others to do the same to investigate this matter, and to investigate for example, whether Mrs. Harris should have officially disclosed, as a high level State PSC Commissioner, the relationship her spouse has with British Petroleum.  I will also be demanding to know from the Governor and the NY AG’ Office the status of a precedent setting  investigation former NYAG Cuomo announced Aug 13^th 2010 of former Cape Vincent town officials, some with BP wind leases. I was part of that investigation providing research to it’s initial stages.  That investigation was never completed as far as anyone can tell by Gov. Cuomo or AG Schneiderman.

Gov. Cuomo also has an Agricultural Commissioner, former Sen. Darrel Aubertine who along with his family have BP wind leases in Cape Vincent.  Gov. Cuomo apparently re-appointed Mrs. Harris knowing full well of the BP relationship and that his Ag. Commissioner  and his family have BP wind leases.

All of this questionable activity is directly attached to the Art X process and NONE of this lends itself to the “integrity” in NY government that Gov. Cuomo promised NY citizens, and I am sure you and your agency and ALL its staff endorse as well.  Art X is barely off the ground and already it is surrounded by very serious ethical and administrative questions.

I anxiously await your reply as to how your agency will handle these matters.

Sincerely,

Art Pundt

3381 S. Gillenwater Dr.

Flagstaff, AZ 86001

Seasonal resident Cape Vincent, NY

Cc  Andrew Cuomo – Gov.- New York State

       Eric Schneiderman  - Attorney General –NYS

       Patty Ritchie – NY State Senator

       Addie Russell – NY State Assemblywoman

       Kenneth Blankenbush – NY State Assemblyman

       Bob Gorman – Editor Watertown Daily Times

       Jae Lee – Reporter Watertown Daily Times

       Mike Connor – Editor - Syracuse Post Standard

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