danc letter to bp

7/27/2019 DANC Letter to BP

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ANDERSON WISEDENNIS G. \VHELPLEYSTEVEN C. HAASCATHERINE BURNS QllENCER.KEITH BCAUGHUNANN E. PHIlliPSWCY M. GERVISS ALSO ADMITTED IN FWIIJDA

secretary@dps,ny.gov

Kathleen Burgess, Secretary

SCHWER.ZMANN & W ISE, P.CATTORNEYS AT LAw137 MAIN AVENUE

P. 0. BOX 704WATERTOWN, NEW YORK 13601

315 7886700FAX 315 788'2813

Writer's email: whelpley@schwe rzmannwise.comAugust 16 , 2013

State of New York Department of Public ServiceThree Empire State PlazaAlbany, NY 12223-1350Re : Development Authority of the North CountryCase No. : 12-F-0410

Gentlemen:Attached is copy of letter to BP Wind Energy North America for filing.

Very truly yours,SCHWERZMANN &WISE, P. C.

RICHARD F. SCHWERZMANN(1918-2000)

LESLIE H. DEMINGOF COUNSEL

/ 2 _ ~ 6 7 ~ ... V ; ;ennis G. Whelpley . / - ' ......

DGW:casEnclosure


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SCHWERZMANN & WISE. Pc.ANDERSON WISEDENN IS C. \\ HELPlEYSTEVEN CHMSCATHERINE BURNS QllENCERKEITH BCAUGHUNANN E. PH ILLIPSLUCY M. GERV ISS

t ALSO ADMITTD IN FLORID"

ATTOR.NEYS AT LAW137 MAIN AVENUE

P. O. BOX 70aWATERTOWN. NEW YORK 13601

315 788-6700FAX 315 788-2813

Writer's email: whelpley@schwerzmannwise .com

August 16, 2013

Via email: [email protected]. Richard ChandlerDirector, Business DevelopmentBP Wind Energy North America, Inc.700 Louisiana Street, 33 rd FloorHouston, TX 77002

R.ICHARD FSCHWERZMANNCl91S-2000)


Matter Title: Application of Cape Vincent Wind Power, LLC (the "Applicant") forCertificate of Environmental Compatibility and Public Need toConstruct an approximately 200-285 MW Wind Electric GeneratingFacility in the Town of Cape Vincent, New York (the "Project")Case No .: 12-F-0410Re : Development Authority of the North Country ('DANC") concerns onthe potential adverse impacts on its Western Jefferson CountyRegional Waterline (the "Waterline")

Dear Mr. Chandler:We last wrote to you on April 19 , 2013 concerning our client DANC's comments onthe Applicant's Preliminary Scoping Statement (the "PSS"). A copy of that letter istransmitted herewith for your convenience.DANC has advised us that your project team has provided its engineering staffwitha digital shapes file showing the location of the turbines, the collection system routes andalternative proposed rights-of way for the generator interconnection line.They have not been provided with the additional information and studies set forthin our April 19, 2013 letter to you. DANC staff further advises us that there have been nomeaningful dialogue with your project development team and DANC's engineeringdepartment.


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Page2Rather than repeat ourApr il 19, 2013 lette r, we acknowledge that it should besl ightly mod ified In light of til elim ite d data theApplican t has provided to DANC. Thosemodificatio ns areas fo llows :1. There appears to be only one crossing of Waterl ine w ith the EleelricalCollec tion System, that being between Turb ines J i 98 and FG6 near BurntRockRoa d .2 . Tiled istancebetweenthe DANCWate rline and the proposed right-of-wayfo r th e Generator in terconnection Une between County Routes 5 and 8appears tobeze roas they appeartobeside-by-s ide for most ofthat portionof th eGenerato r InterconnectionUnerou te .3. There are ten proposedturb ine location sthat arew ith in a ran ge of222 to1390 fee!of tha Waterline that couldhave an im pact on theWaterlin e intheeve ntof acatastroph icfailu re.If thesemodi ficationsa re inerror, please adviseassoon asposs ible .W ith theab oveslightmodifica tions, the sumand substanceofour comments intheApr il 19,2013le tte r remaintheconcerns ofDANC . Hopefuily ,these concerns willbeaddressed thrOl gh yo ur proje ct team's outreach to and consu lta tio n with DANC 'seng inee ring sta ff p rio r toyour subm issiono ' aFinal Appli cation .

DGW :casEnclosure

Very trul y you rs ,4NN W ISE , P .C .Den ms .Whe l

cc viaem ail : Kath leen Burgess , SecretaryoftheCommiss ionNewYorkStatePu blicServ ice Comm issionNewYork S tateBoardof Elec tric Genera torSit ll lg and theEnvironmentPau l Agresta , Esq.,Ch ie f Hea ringExamin erMa riaVilla , Esq., HearingExaminer,NYSDECJamesW .Wright, Execu tiveDirectcr,DANCCarrie TJl tle, Dire cto rof Eng inee ring , DANC


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ANOER50N WISfOE.\lN 15 G,WHELPLEYSTEVEN C . H ~CATHERINE BURNS QUENCERKEITH BCAUGHUNANN E.. PHIlliPSGEORGE E.MEAD tilLUCY MGERVISS''ALSO ADMITTEO IN FJ.OfUOA

SCHWER.ZMANN & WISE. P.c.ATTORNEYSAT L\w

X J ! ! l ( ~ P W < l ~ ~ l ! J l {P. o. BOX 704

WATERTO' N. NEW YORK 136013418315 788 -6700

FAX 315 788-2813137 MAIN AVENUE

April 19, 2013

Via email: Info@capevincentwind fa rm.com

Mr. Richard ChandlerDirector, Business DevelopmentBP Wind Energy North America, Inc.700 Louisiana Street, 33rd FloorHouston, TX 77002

FUCHARD F SCH\\'ERZMANN(1918-2000)


Matter Title: Application of Cape Vincent Wind Power, LLC (the "Applicant") forCertificate of Environmental Compatibility and Public Need toConstruct an Approximately 200-285 MW Wind Electric GeneratingFacility in the Town of Cape Vincent, New York (the "Project")Case No.: 12-F-0410Re : Development Authority of the North Country ("DANC") - comments

on the Applicant's Preliminary Scoping Statement ("PSS")Dear Mr. Chandler:

We are the attorneys for DANC and represent its interests in the above-referencedmatter.As you know DANC owns and operates the 22 mile long Western Jefferson CountyRegional Waterline (the "Waterline"). The Waterline is the source of water for theVillages of Chaumont and Dexter, and supplemental source of water for the Villages ofBrownville and Glen Park and is also a source of water for numerous Water Districts whichare located in the Towns of Cape Vincent, Lyme, Brownville and Hounsfield.Our comments are limited to the potential impacts the Project may have on DANCoperations and maintenance of its Waterline and the need for studies and programs ofstudies to be undertaken by the Applicant in its Final Application for the Article 10 permitit seeks to build the Project.


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Mr. Richard ChandlerDirector, Business DevelopmentBP Wind Energy North America, Inc.Apr il 19 , 2013Page 2

DANC's first comment is that the PSS does not give sufficient detail as to thelocation, construction, an d operation of the Project's proposed facilities relative to DANC'sWaterline and operations. Exhibit A's large scale makes it difficult for DANC staff to knowthe relative locations of the proposed Project Facilities to DANC's facilities and operations.Th is lack of specificity limits DANC's ability to offer comprehensive details as to the rest ofthe PSS and as to how the proposed Project mayor may not relate to DANC's Waterlineand operations. The Final Application should provide greater clarification of the location ,nature of the facilities , the location of and proposed uses of temporary constructioneasements and permanent access easements , and a deta iled study of the potentialadverse impacts of the Applicant's proposed Facilities and temporary and permanenteasements, their construction and operation on DANC's facilities and operation of theWaterline . Data showing the exact location of the facilities should be provided to DANCin a format that will allow DANC's engineers to assess potential interferences and impacts.

There are three major Project components that need more detailed study andanalysis to insure the Project will not adversely impact the Waterline and its operations.1. The proposed Electrical Collection System is underground and buried at adepth of three feet according to the PSS. DANC's staff has major concernsfor its workers' safety and potential adverse physical impacts to its Waterl inewith this minimum separation and lack of construction detai ls. The collection

system appears to potentially cross the Waterl ine In two locations. Onelocation is near Burnt Rock Road near tax parcels 50 .00-1-25 and 50 .07-1-19,and the other is near Favret Road near to Tax Parcel No. 49 .00-1-15.1. Ata minimum the final application should have a full scale Basis of De signReport for the Electrical Collection System by a competent engineer, whichshould be developed in close consultation and collaboration with DANC'sengineering department in regard to any cross ings of the Waterline by thisProject component. Furthenmore, the Basis of Design Report should includean analysis of the potential need of cathodic protection of DANC's faci lities .DANC would also note that it appears that the proposed Electrical CollectionSystem crosses Town of Cape Vincent Water Districts Nos. 1 and 2 watermains in at least eight instances. It is unknown to DANC whether there aresimilar crossings of Town of Cape Vincent sewer lines. The final. Basis ofDesign Report should be prepared with close consultation an d collaborationwith the Town of Cape Vincent's eng ineers and water department in regardsto those crossings.


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M r,Rich ,d C han dlerDirecto r BusinessDeveio pn erll S P\ \ I i d '::n er9Y f\Jo rU-,A m enca ,IncA pn l ' 8 ,2013?agc 4w ithDANGstaff, Th i cia econ sultatio n s r.ould 21 aoccur th e deve lo pm e nt of B iast! 9an a Consl ruc tlo , P la n lly i he A p' li c an l forthose are ss 'whlch co u p ote n \1 i1y I!'r. flactD Ne tsWd :e tine

Asan obvio 5 s take holo w e hOflE' th at you "ml JO Il1 ! In OfN C ' r Quest fo r artySi'3 lu S,C NC s ta f f is w ;liin to m ~ Vl i!n the members ofyou r de ve !c pm entrc a 'i1 III a n eff ort to deve lop a stipu latio n'N ' le t;wou ld adors, the aboveco nre rns anD AN C sta ff have as-bu iltdra w ingsano re leva n t" l' ;C le s on file whlc nosyi l S Sls t YOl,r Project teamindevelopinga om p leteand accu rate F I;1al A pp li ca tio n, Pleasecun ta c t the undc i's ig ned If yo u desire sucnc maci infor m a rion

'ey trulyyou rs ,

DG ', casCG Jeffre y ' chen, A cting Sec retary oftheCOlmlssi n

I ewY ork S tato Public SericeG,om rn ltiSi()/1N ewYork S ta te Board of E! tlcl ri cGener,:o rS ltin \} :lndtheE nviro nm;nt,la m esW \ Vrig l l t , execu tive Di rector, DANCCar rieT Hie , D !rec :o ro f E llg ineering , DA NG

danc letter to bp

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