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Thursday, July 29, 2010
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Legislators to keep close eye on wind-power lawsuit

Carol Thompson 02-13-2010


by Carol Thompson

As one Jefferson County town sues another over a proposed wind-tower project at Galloo Island, Oswego County legislators are keeping a close watch on the proceedings.

The Town of Henderson has filed an Article 78 lawsuit asking a judge to annul the Town of Hounsfield Planning Board’s site-plan approval for the proposed wind farm.

Upstate Power has proposed constructing a wind farm on Galloo Island, off the shore in Hounsfield, along with a new power line capable of transporting 1,000 megawatts of service to downstate consumers.

The 230-kilovolt line had been proposed to run from Galloo Island through the towns of Henderson, Ellisburg, Sandy Creek, and Richland, as well as the Village of Pulaski to a proposed substation and interconnection with existing transmission lines in Mexico.

Recently, the Jefferson County Legislature approved a 20-year payment-in-lieu-of-taxes (PILOT) agreement that allows the wind-farm developer to move forward in securing the necessary permits. The Jefferson County board now can pursue an overland route that will end at the Coffeen Street substation in Watertown.

The change in route requires the approval of the New York State Public Service Commission.

Oswego County officials said they could breathe easier with the proposal to relocate the lines away from the county.

Any impact the outcome of the lawsuit may have remains to be seen.

“We’re going to take a wait and see approach,” said Legislator Shawn Doyle, who has been actively involved in the project since its inception. “Henderson taking action against Hounsfield gives us further protection against the power lines coming to Oswego County.”

The Village of Pulaski and the surrounding area are main sources of tourism dollars, and both the village and the county rely on revenue from fishing, boating, and recreation.

The village has spent millions of dollars to bury its power lines and officials have said they are concerned that above-ground lines would ruin the aesthetics of the community and negatively impact the tourism industry.

For that reason the legislature has opposed the above-ground transmission lines. Public opposition from county residents has been strong, and thus far only one of dozens of speakers at public hearings held in the area has favored the proposal.

Town of Henderson officials have the same concerns in regard to a negative economic impact, according to legal papers filed Feb. 5 with the Jefferson County clerk.

The Article 78 proceeding also names the state Department of Environmental Conservation and alleges that the agency failed to comply with requirements, asking to vacate the Planning Board’s site plan approval.

The route change is paramount, Oswego County officials said, because those not willing to sell property needed to construct the power lines could be subject to eminent domain proceedings, meaning they could be forced to forfeit their land.

When the project was first proposed, county lawmakers had heard nothing about it from Upstate Power. As reported in the Feb. 23, 2008 issue of The Valley News, legislators began receiving telephone calls from angry constituents who received letters requesting the sale of right-of-ways or face eminent domain proceedings.

Residents who received the letters were told if they did not respond by Feb. 25, the company may use the power of eminent domain to obtain access to their properties.

Oswego County would reap no economic benefit for hosting the lines and would not qualify for low-cost power agreements, it has been noted at legislature meetings.

Doyle said the county remains “guardedly confident” that the transmission lines will not enter Oswego County. But all that could change, he noted, should the PSC reject the alternate route.

 
- Valley News

 
 
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