In the recent WDT article about the town’s dealing with BP’s actions concerning their Cape Vincent Wind Farm proposal and Art X, CV Councilman Clif Schneider made this interesting comment.
“Councilman Schneider said the town “will prevail” in the end because “there’s no way” that BP is putting 124 turbines that are nearly 500 feet tall in Cape Vincent”.
No Way…really Clif? Well, I wish I had Clif’s confidence level on the issue, but this statement is terribly misguided and he and our board seem to be missing something in terms of the Art X realities. He may be right by default in some respects, but that could make this a very loaded statement and even then he will have nothing to do with that final decision as to how many turbines BP will get and what size. We will examine that in a minute. But I would like to know on what basis Mr. Schneider has the bravado to claim such nonsense. It’s not reality. Clif’s bravado is writing checks he and his board legally can not cash! Well I guess it makes for good press.
Mr. Schneider in his bravado, along with his fellow CV govt officials makes these statements as if he and they will in some way have control over that final outcome of BP’s project. They need to get a grip on the reality between actual control and simple regulated input. That is far from the reality because neither the town nor Mr. Schneider have any control over this outcome beyond an opinion, or argument they can express to a third party Art X siting board, which will be the ones to determine our community’s final fate. The Art X board will make the final determination as to whether BP will place 124 - 500 ft turbines in CV. Not Clif and not our town board or any other CV govt official. THAT is the reality!
The Art X law clearly says the following about who has the power to determine the siting of an electric generating facility in NYS more than 25MW and it certainly is not Clif, our town board, our planning board or any Art.X advisory committee.
A quote from the Art. X law. The underlining emphasis is mine.
1. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized under this article by the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a major electric generating facility with respect to which an application for a certificate hereunder has been filed…
Clif nor our town govt can exercise no power to determine how many of BP’s turbines will be placed in our community. Oh they can argue it to death, they can present evidence, they can beg, they can write laws and letters, or express opinions. But they DO NOT determine whether BP will place 124 turbines of 500 ft., or 5 turbines 10 ft in height. That is exclusive to the Art X siting board and it is irresponsible anyone in our town govt including Mr. Schneider to go around in his zeal and imply, or give the false impression to our community that they some how have power to stop BP from putting up their turbines, no matter how many or what size. THEY DON’T and the Art X law graphically says so.
Clif says NO WAY. Well in reality the only NO WAY in this debate is that the Art X law says he or our town govt can NO WAY make the final determination as to what the BP project will be. The best they get is an opinion. And that is what makes Clif’s statement both desperate and reckless.
They gave that power to the State by choosing to participate in the Art X process. When they did that THEY gave away our community rights and relegated themselves and all of us to nothing more than opinions on the matter of what BP gets to put up in our town. Get your head around that because THAT IS REALITY!!!!
That being said, Clif’s statement may be some what accurate in some respect. We might not see 124, 500 ft turbines. In fact I don’t think we will. We may see 40, 60 or 80 - 500 footers or maybe 400 footers. Do you think that would be acceptable???
But in the end it’s not Clif’s call either way.
The same applies to any former BP Acciona SEQR studies our former conflicted planning board approved and the town is now claiming they will fight or not allow BP to get away with as valid in the Art X process. Whether BP gets to pass off those bullshit studies or not is no longer the town’s decision either. That too will be the exclusive decision of the Art X board. And frankly I would be braced for the fact that no matter how loud our town screams the Art X board may accept those studies in part or whole if you look at how the PSC is handling BP’s PIP so far. Just check off another box in the regulatory scheme so they cover their asses at the State level.
It is both amusing, and actually quite sad seeing our govt officials strutting around trying to imply like Clif or convince everyone they have the power to determine outcomes in this Art X process, when the actual Art X law clearly says they don’t. The law by specific design makes them a paper tiger as long as they participate in it and by its rules.
Spin it any way you want ladies and gentlemen of the CV town govt, unless you step out of the Art X process and really decide to defend the zoning we have and our community, then otherwise you have NO power to make any final determination on anything about BP’s wind project, no matter what you do, or how many letters you write. The final decision belongs exclusively to the State and to spread any other false impression is simply irresponsible and not reality.
STOP, The regional wind energy industrialization of one of New York State's most beautiful and environmentally sensitive areas, the 1000 Islands of the St. Lawrence River and the Golden Crescent of Eastern Lake Ontario. If you don't think you are seeing the most recent posts click on the current month in the archives to the right.
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