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HomeMy WebLinkAboutGerdy comment letter (email) and response form legal FW_ Pause Permitting for Hypothetical ProjectsFrom: Karle, Darcy Sent: Monday, July 17, 2023 2:50 PM To: Cavanaugh, Kimberly Subject: Park City Wind Gerdy comment leer (email) and response form legal FW: Pause Perming for Hypothecal Projects Hi Kim, Could you please forward this Gerdy email chain and response from Legal to the Commissioners and copy the Park City Wind file. Thank you From: McLaughlin, Charles Sent: Monday, July 17, 2023 2:28 PM To: 'Greg Gerdy' Cc: Ells, Mark; Karle, Darcy; Matthew Levesque; Heather Swails-McCarron Subject: RE: Pause Permitting for Hypothetical Projects I believe that my message was clear and I will leave it at that. I am sure that Save Dowses counsel can provide some more of the background that you seek. Thanks, Charles McLaughlin From: Greg Gerdy [mailto:greg.gerdy@yahoo.com] Sent: Monday, July 17, 2023 2:03 PM To: McLaughlin, Charles Cc: Ells, Mark; Karle, Darcy; Matthew Levesque; Heather Swails-McCarron; Greg Gerdy Subject: Pause Permitting for Hypothetical Projects Dear Mr. McLaughlin, Thank you for your kind response. Questions: 1. You stated that “there is nothing in the law that requires Avangrid to have a PPA…” What “law” are you specifically referring to in that paragraph #2 of your email (17 July 2023)? 2. So are you saying that the Town of Barnstable officials, including the Barnstable Conservation Commission, will review an offshore wind project even if it is only “hypothetical”? A) with Commonwealth Wind - despite the developer publicly backing out of its contract (default?) and its public acknowledgement that it has not secured funding for its project and B) with Park City Wind - despite the same developer publicly stating that it has not secured funding for its project and it is publicly unknown at this time whether the developer is still working out its contract with Connecticut ( as we understand it)? 3. For public information purposes: we wish to become better informed citizens to better participate. So kindly provide the source of your information pertaining to the “statutory review process.” If it is online, please provide the website link OR if it is not online, please provide the contact information (name of contact person, office and / email address.) 4. With regard to the on / before 25 August 2023 date (statutory review): will the public be able to also participate with their public comments to be incorporated with the Town of Barnstable’s comment OR will it only be the Town of Barnstable officials making the comment to be submitted to the Commonwealth? Thank you. Maria and Greg Gerdy Begin forwarded message: From: "McLaughlin, Charles" <Charles.McLaughlin@town.barnstable.ma.us> Date: July 17, 2023 at 12:45:44 PM EDT To: Greg Gerdy <greg.gerdy@yahoo.com> Subject: RE: Pause Permitting for Hypothetical Projects Dear Mr. and Mrs. Gerdy, Please be advised that, with respect to the Conservaon Commission maer, the Town has no legal authority to ignore or pause the process and hearing. Once a so-called Noce of Intent has been filed, a legal clock starts and the Commission must resolve the maer on the meline dictated by the statute. Failure to do so within the statutory me limit results in construcve approval of the relief sought by the developer and there would be no legal appeal from such a construcve approval. The Conservaon Commission will therefore adhere to the required melines, hold its hearing, and decide the maer on the merits. The same is true with respect to other permits being sought by Avangrid. The developer filed its Dra Environmental Impact Report on Commonwealth Wind last week. There is nothing in the law that requires Avangrid to have a PPA in hand before such filings. Now that the DEIR has been filed, the Town must parcipate in the statutory review process with comments due to be filed with the Commonwealth on or before August 25, 2023. If the Town fails to meet that deadline, the Town will have a very diminished and restricted role to play going forward. Thank you for understanding that we do not have the luxury, or the legal ability, to move this debate to the sidelines. Respecully, Charles S. McLaughlin, Jr. Senior Counsel From: Greg Gerdy [mailto:greg.gerdy@yahoo.com] Sent: Thursday, July 13, 2023 11:12 PM To: Ells, Mark; Karle, Darcy Cc: McLaughlin, Charles; Matthew Levesque; Heather Swails-McCarron; Greg Gerdy Subject: Pause Permitting for Hypothetical Projects Dear Mr. Ells and Ms. Karle, Please do the responsible thing by PAUSING both the Park City Wind and Commonwealth Wind projects - including all permitting applications - a) if / until the developer secures financing in the case of Park City Wind and b) if / until the developer has successfully rebid its contract in the case of Commonwealth Wind. The Rhode Island Energy Siting Board has decided to PAUSE the application of an offshore wind (OSW) project’s transmission line “until the developer secures new agreements guaranteeing the project’s financing.” The RI siting board declared that it “does not review hypothetical projects.” Further, the siting board stated: “Asking us to hold hearings on this matter becomes a purely academic exercise. It would be irresponsible of the board to close our eyes to reality.” Given the current state of affairs - as we understand it - that: a) Park City Wind has yet to secure financing and b) Commonwealth Wind has backed out of its original contract / defaulted - it is time for the Town of Barnstable officials to have a REALITY CHECK. It is time to take control of this untenable situation and PAUSE both Park City Wind and Commonwealth Wind, including all permitting applications. The reality is that both Park City Wind and Commonwealth Wind are both purely HYPOTHETICAL projects. Please do the responsible thing: PAUSE these hypothetical projects and PAUSE all permitting for these hypothetical projects. Thank you. Maria and Greg Gerdy Reference https://whatsupnewp.com/2023/07/state-energy-regulators-press-pause-on- sakonnet-river-transmission-line-review/ CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open aachments or reply, unless you recognize the sender's email address and know the content is safe! CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open aachments or reply, unless you recognize the sender's email address and know the content is safe!