Cohocton Wind Watch: Wind developer Iberdrola filed complaints about New York State's Article X draft regulations
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Saturday, April 28, 2012

Wind developer Iberdrola filed complaints about New York State's Article X draft regulations


Iberdrola, the Spanish industrial wind developers targeting the towns of Hammond and Clayton, NY with their crappy white towers of testosterone are apparently having a hissy fit over certain regulations that are being imposed by  the New York State Article X legislation that takes decisions on major energy facility sitings away from local citizens and puts them into the hands of a state siting board.

According to a representative from Concerned Citizens of Hammond who passed on the information to JLL:

CROH just checked the PSC's website and found that Iberdrola  filed comments yesterday regarding their displeasure with the Article X draft regulations. 

To quote the beginning of IBER's comments:

With the reduction of the regulatory threshold to 25 MW under Article 10, the Siting Board will decide how the State will meet its policy objectives. The State is already behind schedule for meeting its renewable energy objective of achieving 30% renewable supply by 2015,2 and will require substantially more new generation to come on line if these goals are to be met in the next three years. Additionally, Governor Cuomo’s “New York Open for Business” program and the related and recently announced “New York Energy Highway” initiative also will rely on the investment and economic benefits that renewable energy projects can bring to the State. As such, in order to achieve these policy goals, the Article 10 regulations must facilitate responsible review that avoids unnecessary delay and avoids unduly burdensome review requirements.

Despite positive improvements to the earlier draft of the proposed regulations, several critical amendments are still necessary. Certain application requirements defined in the regulations are contrary to Article 10 and/or seek information that is in some cases burdensome and in others represents the most highly confidential and proprietary information held by wind energy developers. The confidentiality of this information is essential to success in a competitive market. Iberdrola Renewables does not believe this information is necessary to make the findings required by Public Service Law (PSL) § 168. We respectfully request that the proposed regulations be modified in the following important ways.

Here is a summary list of their complaints.

1) Applicants Should Not Be Required to Disclose Proprietary Information such as Capital Costs or Meteorological Data.
2) Section 1001.31(e) Should Not Conflict With PSL §168(3)(e) or Previous Siting Decisions in New York, and the Regulations Should Not Restrict the Siting Board’s Granted Authority Over Unreasonably Burdensome Local Laws.
3) Requirements for Exhibits 8 and 10 Should Not Exceed the Requirements of PSL § 164(b)(viii), nor Conflict with or Conflate the NYISO Interconnection Process.
4) The Regulations Should Not Impose Unnecessarily Burdensome Application Requirements.
5) The Provisions for “Modification” and “Revision” Should Not Be Rigid, Impractical or Inconsistent with the PSL.
6) The Proposed Regulations Should Not Impose Burdensome Timing Requirements.

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