New York State Department of Public Service Issues Document Regarding Alle-Catt Wind Energy LLC's Wind Energy Project

Strategic Insights -

The New York State Department of Public Service has issued a document in response to Alle-Catt Wind Energy LLC's (ACWE) application for a Certificate of Environmental Compatibility and Public Need, pursuant to Article 10. The document outlines the county's response to ACWE's petition for relief, highlighting the county's efforts to negotiate a Road Use Agreement (RUA) with ACWE. The county has requested project maps and a presentation from ACWE, which would enable them to negotiate the specific terms of the RUA. The county has also noted that ACWE has not provided necessary documents, such as the Article 10 Certificate and compliance filings, and that ACWE's counsel has made allegations about the status and terms of other Road Use Agreements.

Key Takeaways:

  • ACWE's petition for relief has been met with opposition from Cattaraugus County, which has expressed concerns about the RUA negotiation process.
  • The county has requested project maps and a presentation from ACWE in order to negotiate the specific terms of the RUA.
  • ACWE has failed to provide necessary documents, such as the Article 10 Certificate and compliance filings, to the county in a timely manner.
  • The county has acted reasonably in negotiating the RUA and will continue to do so.
  • ACWE's counsel has made allegations about the status and terms of other Road Use Agreements, which the county has deemed confusing and unrelated to the current negotiation.
  • The county has not failed to act reasonably in responding to ACWE's demands for a RUA, and the negotiation process is ongoing.
  • The county has requested project maps from ACWE to facilitate negotiation of the RUA.
  • ACWE has not provided courtesy copies of necessary documents, such as the Article 10 Certificate and compliance filings.
  • The county has acted in good faith throughout the negotiation process, despite ACWE's frustrations with the pace.

Statistics:

  • ACWE has applied for a Certificate of Environmental Compatibility and Public Need under Article 10.
  • The county has made reasonable requests for project maps and a presentation from ACWE to facilitate RUA negotiation.
  • ACWE has provided curt emails to the county regarding the location of necessary documents.
  • The county has acted in good faith throughout the negotiation process.

Sources:

  • NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT: _In re the Matter of Application of Alle-Catt Wind Energy LLC for a Certificate CASE 17-F-0282_ of Environmental Compatibility and Public Need Pursuant to Article 10.