On November 29, 2017, Eight Point Wind, LLC (Applicant) filed an application for a Certificate of Environmental Compatibility and Public Need (Certificate) seeking approval under Article 10 of the Public Service Law (PSL) to construct a 101.8-megawatt (MW) wind-powered electric generating facility (Project). Eight Point Wind made supplemental filings on April 17, 2018, and August 13, 2018 (collectively, the Application). The Project is proposed to be located in the Towns of Greenwood and West Union, Steuben County, New York.
Informational Forums and Public Statement Hearings
On September 6, 2018, the Chair of the New York State Board on Electric Generation Siting and the Environment (Siting Board) determined that the Application complies with the Siting Board’s filing requirements and fixed the date of October 17, 2018, for the commencement of a public hearing process on the Application. Interested members of the public are invited to attend the public statement hearings and provide their comments on the Application.
Administrative Law Judges (ALJs) from the New York State Departments of Public Service and Environmental Conservation will serve as Examiners for this proceeding and will preside at the public statement hearings. Comments made at the hearings will be transcribed and become part of the formal record and will be presented to the Siting Board for its consideration of the Project. It is not necessary to make an appointment in advance or to present written materials in order to speak at the public statement hearing.*
Each hearing will be immediately preceded by an informational forum. At the forums, the ALJs will provide a brief overview of the Public Service Law Article 10 siting review process and the Applicant will describe the Project. Members of the public will have an opportunity to ask questions and view maps of the proposed Project area at that time.
Please join us at the following location:
Description of the Project
The Project would include the installation and operation of up to 31 wind turbines, together with access roads, a collection substation, mostly underground 34.5 kilovolt (kV) collection lines, up to two permanent meteorological towers, temporary staging/laydown areas, an operations and maintenance building, and related facilities. Eight Point Wind proposes to construct an approximately 16.5-mile overhead 115 kV transmission line that would interconnect the Project with New York State Electric and Gas Corporation’s existing 115 kV Bennett Substation in Hornellsville, New York. The proposed transmission facility will be subject to review pursuant to Article VII of the Public Service Law, and will not be reviewed as part of the proposed Project in this proceeding.
Additional details are set forth in the Application, which is available at www.dps.ny.gov. To access information regarding the Project, click on “Search” and then enter case number 16-F-0062.
Summary of the Article 10 Process
There are five phases to the Article 10 process, including pre-application, application, administrative hearings, Siting Board decision and compliance.
- Pre-Application: In this phase, an applicant submits two documents: a Public Involvement Program (PIP) Plan and a Preliminary Scoping Statement (PSS). The PIP Plan is filed at least 150 days in advance of the PSS and the PSS must be submitted at least 90 days before the Application is filed. The Eight Point Wind PIP Plan was filed in January 2016 and described the activities Eight Point Wind would undertake to educate, inform and involve the public in the Article 10 review of the Project. The PSS, filed by Eight Point Wind in October 2016, described information the Applicant proposed to include in the application for the Project. The PSS included a description of the proposed facility and reasonable alternatives, potential significant environmental and health impacts, and proposed studies to evaluate the potential Project impacts and measures to avoid or mitigate those impacts.
There were opportunities for public involvement during the pre-application phase designed to facilitate communication between the Applicant and interested or affected parties. When the PSS was filed, the Applicant paid a fee to fund a pre-Application intervenor account which provided money to assist intervenor efforts to review and comment on the PSS. After funds were awarded, the Applicant and several parties negotiated Stipulations as to a full scope of studies and information to be presented in the Article 10 Application.
- Application: The Application includes a description of the Project, public involvement activities, and benefits of the Project. The Application contains an analysis of the potential impacts of construction and operation on, among other things, the environment, land use, public health and safety, communications, transportation, cultural and historic resources, and the statewide electric system. Results from studies conducted, and proposed measures to minimize impacts are also provided. The Eight Point Wind Application was accompanied by intervenor funds which are available to support local participation in the review of the proposed project.
- Administrative Hearings and Procedural Conference: Upon determining the Application compliant, the Chair of the Siting Board set a date for public hearings. Public statement hearings provide an opportunity for anyone interested in the Project to make comments on the record for consideration by the Siting Board. The public statement hearings for the Eight Point
Wind Project are scheduled for Wednesday, October 17, 2018, beginning at 3:00 PM and 7:00 PM at the Hornell City Hall Courtroom, 82 Main Street, Hornell, New York. A procedural conference is scheduled for the following day, October 18, at the Hornell Community Art Center, 56 Broadway Mall, Hornell, New York, beginning at 10:00 AM. At the procedural conference, the Examiners may identify intervenor parties, consider requests for intervenor funds, determine issues for evidentiary hearing and establish a case schedule.
Evidentiary hearings to consider the evidence provided by the Applicant and any participating parties will be scheduled by the Examiners as needed. After the conclusion of evidentiary hearings and consideration of the parties’ positions, the Examiners may issue a recommended decision for the Siting Board’s consideration.
Methods for Commenting on the Case
There are opportunities to attend public outreach events to learn about the Project and provide comments. All comments can be made at the public statement hearings held on October 17, 2018 or submitted through the methods below:
- Compliance: If a Certificate of Environmental Compatibility and Public Need is granted for the Project, the Project would then move into the compliance phase. This phase includes three elements: pre-construction compliance, DPS on-site compliance and long-term compliance. The pre-construction element includes filing and review of final engineering and design documents, and obtaining permits and approvals prior to construction. For DPS on-site compliance, DPS Staff inspects site conditions to ensure compliance requirements are met after construction begins. Finally, a project’s Certificate may require long term compliance regarding the operation, maintenance and decommissioning of the Project.
- Via the Department Website: Comments may be entered directly into the case via the www.dps.ny.gov website, by entering 16-F-0062 in the Search by Case Number option found on the homepage. After opening the case, enter comments in the “Post Comments” section located at the top of the page.
Comments submitted via these alternate means are requested by January 11, 2019, but comments may be submitted and will be considered throughout the pendency of this proceeding. All comments will become part of the record considered by the Siting Board.
A printable version of this facts sheet is available here:
[ 16-F-0062 Eight Point Wind fact sheet.pdf
- Via Mail or E-Mail: Submit comments electronically to Kathleen H. Burgess, Secretary, at firstname.lastname@example.org or by mail to Secretary Burgess at the New York State Department of Public Service, Three Empire State Plaza, Albany, NY 12223-1350. Comments delivered in these manners should reference the Eight Point Wind Project (Case 16-F-0062).
- Call the Toll-free Opinion Line: Individuals may choose to submit comments by calling the Department’s toll-free Opinion Line at 1-800-335-2120. This line is set up to receive in-state calls 24 hours a day. Callers leaving comments should reference Case 16-F-0062, Eight Point Wind Project. Comments received via the Opinion Line are not transcribed, but a summary is provided to the Siting Board for their consideration.