Ask Some Quesions!!!!

Mr. Wiley at the Cape Vincent blog JLL keeps telling us we must write the NYS Public Service Commission in oppositions in regards to the various wind complexes proposed from NYS and in particular the Iberdrola project proposed for Clayton, NY.  The quote below is from one of his posts.

"Do not get scammed into thinking your voice does not count!"

Now he would be referring to some of us who think that writing the NYPSC who is pro wind is an extremely marginal way of having any impact.

Now let me make something clear.  If you want to write the PSC and believe in this system...then write all the  letters your little heart desires.  I just think it is not going to have the impact you are expecting in a process you are expecting.  I believe this system of "input" within Art. 10 will actually work directly against you best interests in way you can't imagine.

However, maybe Mr. Wiley should also explain a few things to you letter writers.  Blatant things he wants you to ignore in  jr. high civics book thinking..

For example have Mr. Wiley explain:

1. That NYPSC has APPROVED all the wind complexes up and running in NYS. How did that happen Mr. Wiley?   Some of those projects had opposition and letters were written.  Yet the wind complexes went up anyhow with the PSC simply saying " the benefits of the wind projects outweigh the impacts".

2.  Explain why the Art 10 siting process has provisions to preempt your local wind zoning laws.  Why would that be needed in this system?

3. How the NYPSC has actually allowed the preemption of local laws to site energy projects.

4. How the PSC required Iberdrola in a deal ( the wind developer currently in Clayton) to put up $100 Million in wind energy in NYS.

5. How most agencies and the agency heads who will sit on the Art 10 siting board are already very pro wind and support the Governor's, and state's aggressive agenda on siting renewable energy.

6.  Despite all the letters of opposition to the BP wind project in Cape Vincent the Art. 10 process there ran the town and the citizens through the wringer.  Especially as they waited months while the Art 10 process dragged on to help BP see if they could sell the project to a new developer and then the Art 10 judge would not close the process or guarantee a new developer would have to start over.

7. Explain why the new found wind law expert John Droz thinks the Art 10 system you would be writing to is "unfair"  Have Mr. Wiley explain how your letters are going to have any impact in a system that a lead anti wind and wind law expert thinks is unfair!

8.  Have Mr. Wiley explain how Art. 10 was passed in large part to get around local control and opposition in siting wind projects and streamline the process for wind developers.

9.  Have him explain that despite your letters of objection to local wind projects most local wind laws actually allow some type of wind development, and he supports that law approach. Your very own town govt's are not supporting your opposition letters when they write laws that are a tacit approval of wind development.

10.  Have Mr. Wiley explain why he supports a state system that removed your rights in your communities to protect yourself, and this process he supports will in some cases allow foreign corporations to overrun America citizens rights.  Ask him how he can endorse, or participate in such an egregious essentially unconstitutional system (Art 10).  Ask him why he would want to enable such a system rather than fight against it?

Maybe before you pound out on your key board a letter to the NYPSC you should write Wiley first and ask a few pointed questions.

Maybe a good question to ask after the evidence I have shown above... how is it that Wiley and the NYPSC has scammed you into thinking your voice WILL count!!!

Please Explain!

The idea of the wind law proponents is to stop wind energy in your community, you would have to write a restrictive wind law, so restrictive essentially the wind developer could not reasonably develop a viable project.  They hope the developer would then walk away.  And to accomplish this any law they draft would have to be extremely restrictive to preclude wind development.

However, to accomplish this they have to get past the formidable  NYS Art 10 law and siting board that will be actually the ones to determine if any local zoning law will  prevail and become law, since home rule has been removed by the state on this large scale wind issue. 

This means the town can not just write  wind energy zoning and make the developer abide, till the state determines if the law is "reasonable" for the developer.   Of course we are left completely in the dark by the state as to what "reasonable" means.  As a result we have a huge intensive debate going as to the correct approach to zone for wind.

Quoted below is the language that addresses this local law and preemption issue directly from the Art 10 law.

"...except that the board may elect not to apply, in whole or in part, any local ordinance, law, resolution or other action or any regulation issued thereunder or any local standard or requirement, including, but not limited to, those relating to the interconnection to and use of water, electric, sewer, telecommunication, fuel and steam lines in public rights of way, which would be otherwise applicable if it finds that, as applied to the proposed facility, such is unreasonably burdensome in view of the existing technology..."

 

In my view, what restrictive wind law supporters fail to explain sufficiently or recognize is how they expect their law to prevail, when it is very clear the state can preempt any such very restrictive law.  It seems fairly obvious that any law so restrictive a developer can't even develop a project would NOT be reasonable to the developer nor the state, and would have a very high probability of failure to withstand Art 10 preemption. 

 

So the first thing they need to do is step back an answer a couple simple yet KEY questions central to the ENTIRE debate. 

 

Why was Art 10 passed by the state?

 

Why does it have the power to preempt local zoning laws?

 

And why is a very restrictive wind law the way to battle against Art 10 under this state law with preemptive power over local zoning?

 

How do you expect your very restrictive law to prevail against a process designed in large part to further wind energy in NYS by preempting very restrictive local zoning laws?

 

So far the restrictive wind law supporters have not, or can not answer these simple questions sufficiently...or at all.  Let's see if they can answer them here.