ANDERSON WISE

DENNIS G. \VHELPLEY
STEVEN C. HAAS
CATHERINE BURNS QllENCER.
KEITH B. CAUGHUN
ANN E. PHIlliPS
WCY M. GERVISS
ALSO ADMITTED IN FWIIJDA
secretary@dps,ny.gov
Kathleen Burgess, Secretary
SCHWER.ZMANN & W ISE, P.C
ATTORNEYS AT LAw
137 MAIN AVENUE
P. 0. BOX 704
WATERTOWN, NEW YORK 13601
315 7886700
FAX 315 788'2813
Writer's email: whelpley@schwerzmannwise.com
August 16, 2013
State of New York Department of Public Service
Three Empire State Plaza
Albany, NY 12223-1350
Re: Development Authority of the North Country
Case No. : 12-F-0410
Gentlemen:
Attached is copy of letter to BP Wind Energy North America for filing.
Very truly yours,
SCHWERZMANN & WISE, P. C.
RICHARD F. SCHWERZMANN
(1918-2000)
LESLIE H. DEMING
OF COUNSEL
/ 2 _ ~ 6 7 ~ ..
. / V;;ennis G. Whelpley . / -' .......
DGW:cas
Enclosure
SCHWERZMANN & WISE. P.c.
ANDERSON WISE
DENNIS C. \\ HELPlEY
STEVEN CHMS
CATHERINE BURNS QllENCER
KEITH B. CAUGHUN
ANN E. PHILLIPS
LUCY M. GERVISS
t ALSO ADMITTD IN FLORID"
ATTOR.NEYS AT LAW
137 MAIN AVENUE
P. O. BOX 70a
WATERTOWN. NEW YORK 13601
315 788-6700
FAX 315 788-2813
Writer's email: whel pley@schwerzmannwise.com
August 16, 2013
Via email: info@capevincentwindfarm.com
Mr. Richard Chandler
Director, Business Development
BP Wind Energy North America, Inc.
700 Louisiana Street, 33rd Floor
Houston, TX 77002
R.ICHARD F. SCHWERZMANN
Cl91S-2000)
LESLIE H. DEMING
OF COUNSEL
Matter Title: Application of Cape Vincent Wind Power, LLC (the "Applicant") for
Certificate of Environmental Compatibility and Public Need to
Construct an approximately 200-285 MW Wind Electric Generating
Facility in the Town of Cape Vincent, New York (the "Project")
Case No.: 12-F-0410
Re: Development Authority of the North Country ('DANC") concerns on
the potential adverse impacts on its Western Jefferson County
Regional Waterline (the "Waterline")
Dear Mr. Chandler:
We last wrote to you on April 19, 2013 concerning our client DANC's comments on
the Applicant's Preliminary Scoping Statement (the "PSS"). A copy of that letter is
transmitted herewith for your convenience.
DANC has advised us that your project team has provided its engineering staff with
a digital shapes file showing the location of the turbines, the collection system routes and
alternative proposed rights-of way for the generator interconnection line.
They have not been provided with the additional information and studies set forth
in our April 19, 2013 letter to you. DANC staff further advises us that there have been no
meaningful dialogue with your project development team and DANC's engineering
department.
Page 2
Rather than repeat our April 19, 2013 letter, we acknowledge that it should be
slightly modified In light of til e limited data the Applicant has provided to DANC. Those
modifications are as follows:
1. There appears to be only one crossing of Waterl ine with the Eleelrical
Collection System, that being between Turbines J i 98 and FG6 near Burnt
Rock Road.
2. Tile distance between the DANC Waterline and the proposed right-of-way
for the Generator interconnection Une between County Routes 5 and 8
appears to be zero as they appear to be side-by-side for most of that portion
of the Generator Interconnection Une route.
3. There are ten proposed turbine locations that are within a range of 222 to
1390 fee! oftha Waterline that could have an impact on the Waterline in the
event of a catastrophic failure.
If these modi fi cations are in error, please advise as soon as possible.
With the above sli ght modifications, the sum and substance of our comments in
the April 19,2013 letter remain the concerns of DANC. Hopefuily, these concerns will be
addressed thrOl gh your project team's outreach to and consultation with DANC's
engineering staff prior to your submission o' a Final Application.
DGW:cas
Encl osure
Very trul y yours,
4NN & WISE, P. C.
Denms . Whel
cc via email: Kathleen Burgess, Secretary of the Commission
New York State Public Service Commission
New York State Board of Electric Generator
Sitlllg and the Environment
Paul Agresta, Esq., Chief Hearing Examiner
Maria Villa, Esq., Hearing Examiner, NYS DEC
James W. Wright, Executive Directcr, DANC
Carrie T Jltle, Director of Engineering, DANC
ANOER50N WISf
OE.\lN15 G, WHELPLEY
STEVEN
CATHERINE BURNS QUENCER
KEITH B CAUGHUN
ANN E.. PHIlliPS
GEORGE E. MEAD til
LUCY M GERVISS'
'ALSO ADMITTEO IN FJ.OfUOA
SCHWER.ZMANN & WISE. P.c.
ATTORNEYS AT L\w

P. o. BOX 704
WATERTO' N. NEW YORK 136013418
315 788-6700
FAX 315 788-2813
137 MAIN AVENUE
April 19, 2013
Via email: Info@capevincentwindfarm.com
Mr. Richard Chandler
Director, Business Development
BP Wind Energy North America, Inc.
700 Louisiana Street, 33rd Floor
Houston, TX 77002
FUCHARD F SCH\\'ERZMANN
(1918-2000)
LESLIE H. DEMING
OF COUNSEL
Matter Title: Application of Cape Vincent Wind Power, LLC (the "Applicant") for
Certificate of Environmental Compatibility and Public Need to
Construct an Approximately 200-285 MW Wind Electric Generating
Facility in the Town of Cape Vincent, New York (the "Project")
Case No.: 12-F-0410
Re: Development Authority of the North Country ("DANC") - comments
on the Applicant's Preliminary Scoping Statement ("PSS")
Dear Mr. Chandler:
We are the attorneys for DANC and represent its interests in the above-referenced
matter.
As you know DANC owns and operates the 22 mile long Western Jefferson County
Regional Waterline (the "Waterline"). The Waterline is the source of water for the
Villages of Chaumont and Dexter, and supplemental source of water for the Villages of
Brownville and Glen Park and is also a source of water for numerous Water Districts which
are located in the Towns of Cape Vincent, Lyme, Brownville and Hounsfield.
Our comments are limited to the potential impacts the Project may have on DANC
operations and maintenance of its Waterline and the need for studies and programs of
studies to be undertaken by the Applicant in its Final Application for the Article 10 permit
it seeks to build the Project.
Mr. Richard Chandler
Director, Business Development
BP Wind Energy North America, Inc.
April 19, 2013
Page 2
DANC's first comment is that the PSS does not give sufficient detail as to the
location, construction, and operation of the Project's proposed facilities relative to DANC's
Waterline and operations. Exhibit A's large scale makes it difficult for DANC staff to know
the relative locations of the proposed Project Facilities to DANC's facilities and operations.
This lack of specificity limits DANC's ability to offer comprehensive details as to the rest of
the PSS and as to how the proposed Project mayor may not relate to DANC's Waterline
and operations. The Final Application should provide greater clarification of the location,
nature of the facilities, the location of and proposed uses of temporary construction
easements and permanent access easements, and a detail ed study of the potential
adverse impacts of the Applicant's proposed Facilities and temporary and permanent
easements, their construction and operation on DANC's facilities and operation of the
Waterline. Data showing the exact location of the facilities should be provided to DANC
in a format that will allow DANC's engineers to assess potential interferences and impacts.
There are three major Project components that need more detailed study and
analysis to insure the Project will not adversely impact the Waterline and its operations.
1. The proposed Electrical Collection System is underground and buried at a
depth of three feet according to the PSS. DANC's staff has major concerns
for its workers' safety and potential adverse physical impacts to its Waterl ine
with this minimum separation and lack of construction detai ls. The collection
system appears to potentiall y cross the Waterl ine In two locati ons. One
location is near Burnt Rock Road near tax parcels 50.00-1-25 and 50.07-1-19,
and the other is near Favret Road near to Tax Parcel No. 49.00-1-15.1. At
a minimum the final application should have a full scale Basis of Design
Report for the Electrical Collection System by a competent engineer, which
should be developed in close consultation and collaboration with DANC's
engineering department in regard to any crossings of the Waterline by this
Project component. Furthenmore, the Basis of Design Report should include
an analysis of the potential need of cathodic protection of DANC's faci lities.
DANC would also note that it appears that the proposed Electrical Collection
System crosses Town of Cape Vincent Water Districts Nos. 1 and 2 water
mains in at least eight instances. It is unknown to DANC whether there are
similar crossings of Town of Cape Vincent sewer lines. The final. Basis of
Design Report should be prepared with close consultation and collaboration
with the Town of Cape Vincent's engineers and water department in regards
to those crossings.
Mr. Richard Chandler
Director, Business Development
BP Wind Energy North America, Inc.
April 19, 2013
Page 3
2. Another major area of concern is the proposed Generator Interconnect Line
and its potential impacts on the Waterline. The PSS shows at least one
crossing of the Waterline with the Generator Interconnect Line. In addition,
it is impossible to discern from the PSS if it is proposed to be on the
same right-of-way as the Waterline or is immediately adjacent thereto from
approximately tax parcel nos. 51.00-1-32 to 51.00-1-23.2. The PSS is
deficient in that it fails to address the level of study or methodology to study
the potential impacts this Project component may have on the Waterline and
its operation. Again, the Final Application should have a detailed Basis
of DeSign Report completed in close consultation and collaboration with
DANC staff which addresses those potential impacts. That report should
thoroughly analyze both the horizontal and vertical separations between
DANC's facilities and the Generator Interconnect Line to ensure protection of
DANC's Waterline facilities and persons working on and maintaining these
facilities. At times DANC may be required to utilize heavy equipment to
excavate and repair breaks In the line, this would pose a hazard to
employees if the separation distance for overhead lines is not set taking this
into account. The Basis of Design Report should also analyze whether
cathodic protection is advisable and if so, what the methods and equipment
should be used. In addition, there needs to be an analysis of the proposed
alternative routes to ensure the best alternative is chosen. This analysis
should be to the level of detail no less than that which would be required
under Article 7 of the Public Service Law. It should be noted that several of
the proposed alternatives appear to involve crossing of waterlines (and
possibly sewer lines) in the Town of Lyme, and the Applicant should similarly
confer with the Town of Lyme in preparing its analysis of the alternatives and
the Basis of DeSign Report.
3. The third major project component of concern is the location of the Wind
Turbines in close proximity to the Waterline. Again, after close consultation
and collaboration with DANC Engineering Department, the Final Application
should have sufficient analysis and study of the potential adverse impacts to
the Waterline in the event of a catastrophic failure of a Wind Turbine or
Tower.
In addition, to the comments on the three major components the Final Application
should also address the potential impacts during both the construction and operation
phases. This should include locating all access areas for all Project Components for
persons, vehicles and equipment and a detailed analysis of the potential impacts on
DANC's facilities. This analysis should be prepared in close consultation and collaboration
Mr, Rich ,d Chandler
Director Busi ness Deveiopn erll
SP \\Ii d '::ner9Y f\JorU-, Amenca, Inc
Apnl
'
8,2013
?agc 4
with DANG staff, Thi cia e consultation sr. ould 21 a occur the development of Biast! 9
ana Conslructlo, Plan lly i he Ap' li canl for those aress 'whl ch cou poten\1 i1y I!'r. fl act
D Nets Wd:e ti ne
As an obvio 5 stakeholo we hOflE' that you "ml JOIl1! In Of NC' r Quest for arty
Si'3luS,
C NC staff is w;liin to Vl i!n the members of your deve!cpment
rca'i1 III an eff ort to develop a stipulation 'N' let; would ad or _s, the above conrerns an
DANC staff have as-built drawings ano relevant " l';Cles on file whlc nosy
il SSlst YOl, r Proj ect team in developing a omplete and accurate FI;1al Application, Please
cuntact the undci'signed If you desire sucn c maci infor mari on
'e y truly yours,
DG', cas
CG Jeffrey' chen, Acting Secretary of the COlmlssi n
I ew York Stato Public Ser ice G,omrnlti S
i
()/1
New York State Board of E! tl clri c Gener, :or
Sltin\} :lnd the Environm;nt
,lames W \ Vrigll t, executi ve Di rector, DANC
Carri e T Hie, D!rec:or of Ellgineering, DANG