Documents from New York
Administrative Law Judge, Rafael A. Epstein has handed down his recommended decision on whether Iberdrola, S.A. should be permitted to acquireEnergy East Corporation and its subsidiaries. Judge Epstein's primary recommendation is that the Commission "disapprove the transaction on the ground that it does not satisfy the "public interest" requirement of Public Service Law (PSL) 70. The full decision can be downloaded by clicking on the link below.
The links below display a Burke, NY parcel map of those properties known to be encumbered with wind lease agreements.
UPC Wind (First Wind) is seeking landowners in Prattsburgh, NY to negotiate this easement agreement to permit the company an exclusive and permanent right of way and easement to build, rebuild, relocate, operate, repair, maintain, renew and at their pleasure remove underground transmission lines for purposes of transmitting electricity, communications systems etc. The full agreement can be accessed by clicking on the link below.
At a special meeting of the Prattsburgh, NY town board, the Board members voted 3-2 to authorize the commencement of eminent domain proceedings against landowners unwilling to sign easement agreements with UPC Wind (First Wind), a private wind energy developer seeking to erect 36 turbines across forty-eight properties town. The draft minutes of that meeting along with the resolution can be accessed by clicking on the link below.
A Franklin County Grand Jury is investigating town officials' financial ties with wind farms. A town councilman in Burke, in northern Franklin County, has sued to quash a subpoena issued by the district attorney as part of the grand jury process. Jacob Resneck reports.
Over the past three months the Franklin County District Attorney's Office has been examining allegations of certain improprieties including self-dealing, conflicts of interest and violations of statutes on the part of various local elected officials in Franklin County. The recently disclosed unethical conduct by our state's highest elected official has heightened the need for a closer review of all available ethical safeguards in order to reestablish and maintain the Public's confidence in our elected officials. ...Our investigation has revealed several contracts, easements, lease option agreements, cooperation memoranda and other types of documents which disclose relationships existing between elected officials and certain third parties in Franklin County (as well as other elected officials in other Counties) which, when allegedly coupled with certain decision making and board action, may be in violation of General Municipal Law (GML) 805-a(1)(c) and (1)(d).
Mr. DeWayne Wilkie of Jefferson County, NY was seen by a cardiologist in March 2008. Dr. Carroll Moody assessed Mr. Wilkie's health and from a cardiovascular standpoint, declared Mr. Wilkie 'stable'. Dr. Moody also includes information in the report on how wind turbine noise might affect the pace maker inserted in Mr. Wilkie's chest.
This new report published by the Empire Center for New York State Policy, a project of the Manhattan Institute for Policy Research, discusses the rising costs of electricity in the State. A number of recommendations are offered, including an overhaul of the Renewable Portfolio Standard, a state policy that supports clean-energy generation such as wind farms. The Executive Summary is provided below. The full report can be downloaded by clicking on the link below.
The town of Meredith, NY has introduced a new wind ordinance which bans industrial wind. By unanimously vote, the law was scheduled for a public hearing on March 4th. This new ordinance will void the ordinance permitting industrial turbines that was passed last summer (2007). The full law can be downloaded by clicking on the link below. Section 105 listed below provides some insight into the issues considered in developing this regulation.
The attached document contains the Brandon NY wind energy facility law. The law, which bans industrial-scale wind turbines, was passed in February, 2008.
The Town of Clayton, in Jefferson County New York, has released comments issued by Cavanaugh Tocci Associates in regard to the preconstruction sound level study conducted by PPM Energy for the Clayton Wind Farm. CTA's comments can be accessed by clicking on the link at the bottom of this page. The first two pages of the file provide an executive summary of the comments delivered to the Town at the request of the Town Board.
From Lake Ontario to Lake Champlain, wind projects are dividing small towns struggling to balance the interests of town residents with the ambitious proposals brought by wind companies. Now, allegations of conflicts-of-interest in at least one Franklin County town have attracted the scrutiny of the district attorney and state investigators. Jacob Resneck reports.
Dear Local Government Official:
The document accessible at the link below contains portions of four agreements entered into between officials of the Town of Burke, NY and two separate wind development LLCs.
This petition was prepared by North Country Associates and submitted to Franklin County District Attorney Derek Champagne in response to recent information that confirms members of the Burke NY Town Board and ZBA hold agreements with two wind development LLCs seeking to erect turbines in the town. The Burke Town Board and ZBA are considering a wind energy facilities law.
In this letter to residents of Burke, NY, Dr. Nina Pierpont briefly discusses her findings of health impacts on families living in proximity to industrial-scale wind turbines.
This letter was submitted to the Town Clerk of Burke, NY to be entered into the official record of the Town Board's deliberation of a Wind Energy Facilities Law. Carl J. Madonna is the attorney representing the town in the matter of the local law. The town board voted at its Dec 27, 2007 meeting to impose a 90-day moratorium on wind energy facilities.
Draft ordinance governing the placement of utility-scale wind turbines in the town of Enfield, New York.
Petitioners are residents and landowners in the Towns of Warren and Stark, who challenge two special use permits issued in June of 2007 by the respondent town boards authorizing the construction of the Jordanville Wind Power Project. This Article 78 petition seeks to annul and vacate actions taken and determinations made by the respondent town boards, alleging a violation of, inter alia, the State Environmental Quality Review Act (SEQRA) and the Open Meetings Law. The proposed project is for the construction a 68 turbine wind farm in the [*2]subject towns in Herkimer County which, when fully operational, will generate 136 megawatts of electric power from the wind which will be introduced into the New York State Electric Grid.
The Department of Environmental Conservation has released for public review proposed Guidelines for Conducting Bird and Bat Studies at Commercial Wind Energy Projects. These guidelines inform potential wind developers of the information DEC needs about wind farm sites to assess impacts to birds and bats. The guidelines were developed through a stakeholder process sponsored by the New York State Energy Research and Development Authority which included industry representatives as well as bird and bat biologists from government agencies, academia and non-governmental environmental groups. Comments will be received until March 7, 2008 via mail to Brianna Gary, NYSDEC Bureau of Habitat, 625 Broadway 5th Floor, Albany, NY 12233-4756 or via email.