Save Ontario Shores Lines

Vol. 4 May 2016 Edition

What's Next? Article 10 and the Stipulations Process

Apex Clean Energy Inc. is moving through the steps set forth by NY State Article 10 under the Power NY Law. Apex filed a Public Involvement Plan (PIP) in October 2014 and then a Preliminary Scoping Statement (PSS) in November 2015. A hearing occurred in January 2016 that awarded Intervenor Funds (funds provided by Apex to assist local efforts in participating in the Article 10 process) and at the hearing a new stage of Article 10 began. It is called the Stipulation process. Once the Intervenor Funds are allotted among the requesting parties then Apex can begin what appears to be an optional process. Stipulation is a legal term used to refer to an agreement made between opposing parties during the course of legal proceedings. Stipulations, according to Article 10 can be negotiated prior to the submission of an application by Lighthouse Wind.

Article 10 Regulation 1000.5 Pre-Application Procedures (j) states:

(j) 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.

The stipulations shall be regarding: “any aspect of the preliminary scoping statement and/or the methodology or scope of the studies or program of studies to be conducted in support of the application” (Article 10 Reg. 1000.5 (a)).

Public consultation is required under Article 10 during the PIP and PSS process. The Stipulations process is different and can be entered into between Apex and any number of parties. At a phone conference between the hearing officers, Apex and the parties, the hearing officers stated that while the final stipulations would be made public, the stipulations process between the parties was confidential and if a party does not keep stipulations information confidential they risk losing their status as a party.

Public comments will be allowed before a final stipulation is executed. But there is no process for Apex or anyone else to act upon these public comments. Any concerns between the parties regarding the stipulations will be negotiated with participation of an administrative law judge (ALJ) and the judge may hold additional proceedings on issues. The parties who represent the local residents including the towns of Somerset and Yates and Save Ontario Shores have raised concerns regarding the lack of transparency and meaningful public input. SOS has grave concerns about the timing of this “Stipulations” process that is meant to establish methodology and scope of studies when Apex has already completed over a year of data collection.

SOS will continue to participate on behalf of concerned citizens in the towns and will continue to communicate with you about what is happening. Unfortunately, we will be limited in what we can say during the stipulations process about the specifics of the discussions. Apex has stated that it plans to file the project Application by the end of summer. Save Ontario Shores will plan several public forums during the summer to update citizens. If you have questions or concerns or if you want to volunteer please email or send a facebook message and for those who are not on the internet (please print and share this with those not online) they can send SOS a letter.

Georgette Stockman and Kate Kremer, Save Ontario Shores Steering Committee Members

SOS website: http://lakeontarioturbines.com/index.html

DPS website:   http://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=14-F-0485&submit=Search+by+Case+Number

SOS letter to Attorney General

Town of Somerset letter to Attorney General (See letter plus attachments on DPS website filed 3/28/16):
Town of Somerset letter to NYS Attorney General

Don't forget to post your comments to the PSC:
http://documents.dps.ny.gov/…/MatterManage…/CaseMaster.aspx…

If you need a subject to write about, check out our talking points on our web site: http://lakeontarioturbines.com/act-save-ontario-shores.html

Checks can be sent to:
Save Ontario Shores, Inc.
PO Box 216
Lyndonville, NY 14098