Confidentiality Request for Wind Energy Facility Permit

Strategic Insights -

The New York State Public Service Commission has issued a regulatory document regarding Prattsburgh Wind, LLC's application for a permit to construct a wind electric generating facility in Steuben County, NY. The Permittee has submitted a request for confidentiality protection under the New York Freedom of Information Law (FOIL) and Public Officers Law (POL) for certain information related to cultural resources. The request is based on the statutory exemptions from disclosure under FOIL, specifically POL § 87(2)(a).

Key Takeaways:

  • The Permittee, Prattsburgh Wind, LLC, has submitted a request for confidentiality protection for information related to cultural resources pursuant to POL § 87(2)(a).
  • The request is based on the statutory exemptions from disclosure under FOIL, which protects information that is specifically identified as protected from disclosure under other provisions of State or federal law.
  • The Permittee is seeking confidential protection for attachment 1-M, which includes pictures and locations of protected cultural resources and areas, citing the risk of damage by unauthorized investigators.
  • The State has determined that the goals advanced by keeping this information confidential, protecting the locations where archaeological resources may be found to prevent harm to those resources, outweighs the public's general interest in free access to government information.
  • The Permittee's response to ORES comments contains information that the Permittee asserts should be protected from disclosure under FOIL and POL § 87(2)(a).

Statistics:

  • The Permittee submitted Compliance Filing Package #1 on March 21, 2025.
  • ORES Staff filed a Response to the Permittee's Compliance Filing Package #1 requesting further information and revisions on May 20, 2025.
  • The Permittee submitted Permittee's Response to ORES Comments on June 10, 2025.
  • The Permittee is requesting confidential protection for 1 categorical item.

Sources:

  • New York State Public Service Commission Regulatory Document, Re: Matter No. 21-00749 (06/10/2025)
  • New York State Public Officers Law § 87(2)(a)
  • 9 NYCRR § 427.8
  • 54 USC § 307103(a)
  • Case 12-T-0248, Application of New York State Electric & Gas Corp., Order on Waiver Requests (Sept. 14, 2012)
  • New York State Historic Preservation Law § 14.07