PSC February 15, 2008 Letter by Dr. Alice Sokolow and Judith Hall

Dear NY PSC,

Cohocton Wind Watch (CWW) as an interested active party for Canandaigua Power Partners I and II, was not properly informed of the change in Case number to 07-E-1003 nor has CWW received any information on the request for Lightened Regulation as per:

01/17/2008 07-E-1003 Orders and Opinions Electric
File Size: 34641
View Document Canandaigua Power Partners II, LLC, Order Providing for Lightened Regulation and Approving Financing
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In fact, the last determination CPP and CPP II was filed jointly. At that time, CWW raised additional health and safety concerns and corporate structure concerns that were viewed by the PSC as tardy; arriving the day before the 8/15/07 hearing. The submissions were definitively not tardy by a still active party for the 1/17/08 determination; BUT the Case Number was changed! Why?

8/15/07 of Case # 07-E-0138, CPP and CPP II jointly:

08/16/2007 07-E-0138 Orders and Opinions Electric
File Size: 125879
View Document Canandaigua Power Partners, LLC, Order Granting Certificates of Public Convenience and Necessity, Providing for Lightened Regulation and Approving Financing
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08/15/2007 07-E-0138 Pr07070 Press Releases Electric
File Size: 15310
View Document PSC Issues Certificates for Cohocton Projects - Construction and Operation of Wind Energy Generating Projects in Steuben County
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06/20/2007 07-E-0138 Orders and Opinions Electric
File Size: 12528
View Document Canandaigua Power Partners, LLC, Confirming Order Made in This Proceeding on May 14, 2007
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05/16/2007 07-E-0138 Active Party Lists Electric
File Size: 11072
View Document Petition of Canandaigua Power Partners, LLC for an Original Certificate of Public Convenience and Necessity, Approving Financing and a Lightened Regulatory Regime (Active Parties)
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05/14/2007 07-E-0138 Notices Electric
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View Document Canandaigua Power Partners, LLC, Notice of Evidentiary Hearing
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05/14/2007 07-E-0138 Orders and Opinions Electric
File Size: 29647
View Document Canandaigua Power Partners, LLC, One Commissioner Order by Patricia L. Acampora, Chairwoman, Denying Motion for Expedited Proceeding
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CWW, as an active party, is asking that the Case # 07-E-1003 and Case #07-E-0138 be reopened. CWW would like the documents it supplied in August to be added to both records and cases and any other case numbers applicable that are yet unknown to the public.

Additionally, CWW has new information as to noncompliance of the PSC's requirements by CPP and CPP II.

Ethically, the desire for windfarms in NYS may be interfering with public input and open government:

On Jan 16, 2008 the PSC (page 88), referring to Andy Davis and Steve Blow stated:

"the two of them have basically double-handed, I guess, I can't say single-handed, have worked to do what I just described in terms of working with a process, developing new practices, protocols and ways in which to work with the developers to have these systems come into the department with proper applications, the proper documentation and hence, to get those wind resources on-line as soon as possible."

From page 90:
“The newly approved wind projects are primarily centered in three locations, including the far northern slopes of Clinton and Franklin Counties, the high-rolling terrain of Wyoming County and broad rim shots of Steuben County in the southern tier. The project sites are predominantly rural farmlands and forests with rural centers at the periphery of the project areas.”

The PSC needs to take a much better look at NYS maps. The projects in Steuben and Wyoming Counties are in well-populated agriculture/residential areas. Turbines now tower directly over the hamlet of Atlanta in the Dutch Hill project. It is a fervent hope that the noise analysis done by the developers which have been continually proven inadequate prove to not be a problem as with the UPC Mars Hill, Maine project.

It is amazing to us that abut a 426 foot turbine, that the PSC does not have the same concern for the safety of our children and grandchildren. The PSC have not responded to our request for help regarding the public’s health and safety during the SEQRA process for the proper siting of the turbines. In most areas the distance from a non participating property line or road is much less then the 1.5 times the distance you recommend on page 93.

Page 93
“siting of those turbines. Staff has developed a practice that requires that the developer have no closer than 1.5 height of a turbine near a transmission facility. This is, of course, fairly obvious so that if the wind is blowing too hard or here's a storm or some damage that may happen from any other event that we might not foresee and the tower and the turbine come down, it does not disrupt the transmission facility which is, of course, critical to the infrastructure for the electrical and gas Systems.”

Is public Health and Safety not the PSC fiduciary responsibility? If not, then is it not the PSC who should ask for a Declaratory Ruling which we have asked for from every NYS Agency? The protection of transmission line supercede the public Health and Safety???

Whereas The NY Constitution states:

http://www.state.ny.us/nyscon/nyscon.html
[Public health]
§3. The protection and promotion of the health of the inhabitants of the state are matters of public concern and provision therefor shall be made by the state and by such of its subdivisions and in such manner, and by such means as the legislature shall from time to time determine. (New. Adopted by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.) [Care and treatment of persons suffering from mental disorder or defect; visitation of institutions for]

Whereas the State Energy Office, in consultation with the public service commission, shall promulgate rules and regulations to implement this section.

Click here: Consolidated Laws http://assembly.state.ny.us/leg/?cl=36&a=13
4. Any owner or operator of a co-generation, small hydro or alternate energy production facility constructed and placed in operation on or after June twenty-sixth, nineteen hundred eighty shall comply with the rules and regulations of the state energy office with respect to matters affecting public health and safety provided, however, that such rules or regulations shall not apply to any such facilities which produce electricity, gas or useful thermal energy for on-site residential use in residential dwellings of four or fewer units. The state energy office, in consultation with the public service commission, shall promulgate rules and regulations to implement this section by January first, nineteen hundred eighty-one.

You have a moral and legal responsibility,