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In New York, Cape Vincent Wind Power, LLC, a wholly-owned subsidiary of BP Wind Energy, is developing the Cape Vincent Wind Farm project in Jefferson County. With the acquisition of the neighboring St. Lawrence Wind Farm project in February 2012, theCape Vincent Wind Farm now can reach upwards of approximately 285 MW in size.Given its long-standing and substantial investment in this project, BP Wind Energy is seeking an Article 10 process that will facilitate its development and construction.Toward this end, below we offer comments that we hope the Siting Board will considerin finalizing the implementing regulations for Article 10.
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B. Local laws
Any override of local laws should be provided by the Siting Board early in the process.Also, once a project has met the standards for project approval, the local community should bear the burden of proof to demonstrate why the more restrictive requirements areappropriate rather than the applicant demonstrating why they are not appropriate. Finally,to the extent that a recently commissioned wind project in New York meets communitystandards, such projects should be used as a guide by the Siting Board rather than havingthe Siting Board assume that any local law is reasonable unless refuted by an applicant
BP Comments Re: Article 10
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