On the Cape Vincent blog Pandora’s Box of Rocks, K has a good post that poses some interesting questions about BP’s Preliminary Scoping Statement (PSS) and what does BP do next.
http://pandorasboxofrocks.blogspot.com/
But in examining what she considers BP’s next 3 options she kinda missed or skipped over something critically important in the Art. X regulations and process.
THE STIPULATION PROCESS!!
But before I explain that, here is what the Art X law says BP is required to do.
May 10th is the 21 day deadline when BP should answer the numerous concerns about their PSS by the town and various state agencies and other groups.
“(g) Within 21 days after the filing of the preliminary scoping statement, any person, agency or municipality may submit comments on the preliminary scoping statement by serving such comments on the applicant and filing a copy with the secretary. Within 21 days after the closing of the comment period, the applicant shall prepare a summary of the material comments and its reply thereto, and file and serve its summary of comments and its reply in the same manner as it files and serves the preliminary scoping statement pursuant to Subdivision (c) of this section.”
But what else is there…is there anything left???? YUP!!! The STIPULATION PROCESS … OR…NEGOTIATIONS!!! Below from Art. X regs.
"The presiding examiner shall, within no less than 22 days but no more than 60 days of the filing of a preliminary scoping statement, convene a meeting of interested parties in order to initiate the stipulation process.
After the presiding examiner has determined that funds to assure early and effective public involvement have been allocated to municipal and local parties, the applicant may commence stipulations consultations and seek agreement by stipulation with any interested person, agency or municipality including, but not limited to, the staff of DPS, DEC, and DOH, as appropriate, as to any aspect of the preliminary scoping statement and the methodology or scope of any study or program of studies made or to be made to support the application. "
REALLY…a stipulation (negotiation) process. Interesting! And it can include the municipality…on any aspect of the PSS. Since BP has to address zoning issues in its PSS. One would assume that could be a negotiation point BP will bring up in any stipulation process! And what else might BP try to negotiate up front with the other state agencies on their complaints.
So will BP commence a stipulation process, and is the town going to enter into the stipulation (negotiation) process with BP? And if so what will they negotiate? I guess this would be the first point we could find out if the town is serious about defending our zoning laws and comp plan!
After all keep in mind they are already trying to negotiate BP into a ridiculous solar project!
And the law also says that anything stipulated can not be brought up later as an objection in the hearing on the actual BP application before the Art. X hearing board.
Maybe that is why BP isn’t putting a lot of work into this PSS…they will just see if they can negotiate it away later in the STIPULATION PROCESS!!!
Everyone is focused on the intervener funding, and the final Art. X siting board hearings a ways off, but maybe this stipulation (negotiation) part is actually far more important in the Art. X process than the final hearing before an Art. X siting board!!! And we are already here!!!
It is potentially only DAYS away!!! The time frame for the commencement of the stipulation process is from 22 to 60 days from the PSS filing. 60 days would put the end dead line about May 29th.
Art. X is such a scam!!!! But I read this stipulation thing some time ago in reviewing the Art. X regulations, and have been waiting to see how this part turns out!!!
So if this stipulation process starts with the town, does the public get to sit in and see what is negotiated???
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.
No worry on this point, Mr. Pundt. The combined town boards,plannings boards, and zoning boards of Cape Vincent and Lyme made tough, resolved, and public proclamations to BP that they would not negotiate either of the town's zoning laws relevant to wind development.
ReplyDeleteStipulations require two parties to agree.
Looks like the ball is strictly in BP's court.
They must either rewrite their PSS, or take their chances with the review board by submitting a sub-standard application.
From what is common knowledge the Cape Art. 10 advisory board has already discussed and made decisions on stipulation and you are way off. Besides what do you care. You said you would not participate in Art. 10 and now that is all you talk about and you pretend to be an expert in some damn thing you then pretend does not matter.
ReplyDeleteI never said the town WILL negotiate, only that this is a step in the process that could be taken. Keeping in mind that the town has already tried to negotiate with BP for a solar project, and that they think the Art X rules are fair and impartial, maybe they would decide to do some negotiating.
ReplyDeleteAfter all if they don't get what they want out of the BP PSS in terms of studies on impacts, what's to say they wouldn't sit down and try to negotiate with BP over these issues?
Art X is a process the town decided to follow and appease. because I comment on that and what they do or might do does not mean I agree with them or the Art X system. I still fully oppose Art X. Unfortunately Art X is a reality, and the town decided to drag us into the system that took away our rights and then call it fair and impartial.
And about pretending to be an expert...the Art X law and regulations are ONLINE for anyone to look at, at this website.
It ain't rocket science!
http://www.dps.ny.gov/SitingBoard/
Which is kinda funny since the town wrote a letter to the NYPSC asking if BP can be forced to include the studies the town wants, and what recourse do they have if BP has no obligation to include those studies in their PSS.
BP has no obligation other than to make a summary of the comments and make a response.
The town's questions could have been answered by simply looking on line.
Oh I know there is some hidden strategy that only the our board is privy too!
So if our board has already made decisions on the stipulation process...what are they and when were they made...or do I have to have the secret decoder ring?
5:10
ReplyDeleteYour comment about BP's choices.
"They must either rewrite their PSS, or take their chances with the review board by submitting a sub-standard application."
No that is my point. They could 1st come to the town and the other agencies and try to negotiate.
And you make a huge assumption that the Art X board will deny them an application.
As I pointed out in another post below with a NYPSC letter posted that we have seen the PSC talk real tough before, essentially telling Acciona to start over and nothing of substance ever came of it. The final EIS was so bad that WPEG sued the planning board over it.
But it was thrown out because the "expert" lawyer they selected screwed up on a minor law school 101 proceedural issue.
Where did I say the review board would deny them an application?
ReplyDeleteI said" they could take their chances with the review board by submitting a sub-standard application." You are assuming that I am assuming the Art. x board would deny the app. ; I'm doing no such thing.
Maybe BP is confident they could make an ample argument at the hearing with the details they have. Maybe they know the fix is in, and it just doesn't matter.
You also say "no that is my point". Well you refuse to accept the likelihood that the town will not negotiate. Just you saying so ,doesn't make it so. If they have bought into the whole ART. X review process and think things are going so swell, why would they negotiate now? Makes no sense, plus they would lose a good deal of their supportive public if they reneged on the promise not to negotiate.They would look like fools.
The example you use to demonstrate the PSC being a paper tiger is useless, since this time around they themselves are the lead agent rather than the corrupted Cape Vincent Planning board. If they don't follow through on their own recommendations ,they will be the fools, and will have to deal with the public outrage. Yeah, I know you don't think there will be any public outrage.
Assumptions, assumptions ,assumptions.